K.P. Pushpa vs The Authorised Officer on 12 April, 2023

[Cites 0, Cited by 0]

Kerala High Court

K.P. Pushpa vs The Authorised Officer on 12 April, 2023

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 6616 OF 2023
PETITIONERS:

    1     K.P. PUSHPA,
          AGED 47 YEARS, W/O. RAJAN,
          RESIDING AT CHIRUNNANKANDY HOUSE,
          PO., ORAVIL, ULLIYERI,
          NR. AADHAKASSERI SIVA TEMPLE,
          KOZHIKODE-673323

    2     RAJAN K.,
          AGED 56 YEARS, S/O. GOPALAN,
          RESIDING AT CHIRUNNANKANDY HOUSE,
          PO. ORAVIL, ULLIYERI,
          NR. AADHAKASSERI SIVA TEMPLE,
          KOZHIKODE-673323

          BY ADVS.
          P.A.HARISH
          V.V.SURENDRAN
          ASWATHI C.



RESPONDENTS:

    1     THE AUTHORISED OFFICER,
          M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD.,
          DARE HOUSE,2, N.S.C. BOSE ROAD,
          PARRYS, CHENNAI-600001

    2     THE BRANCH MANAGER,
          M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD.,
          DARE HOUSE,2, N.S.C. BOSE ROAD,
          PARRYS, CHENNAI ARPEES ARCADE,
          1ST FLOOR, YMCA CROSS ROAD, KOZHIKODE- 673001

          BY ADVS.
          P.PAULOCHAN ANTONY
          G.AJITH KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6616 OF 2023
                                     2



                               T.R. RAVI, J.
                --------------------------------------------
                        W. P. (C). No.6616 of 2023
                 --------------------------------------------
                   Dated this the 12th day of April, 2023

                                JUDGMENT

When the case is taken up today, it is submitted by the counsel for the respondents that the petitioners have not complied with the interim direction. No further directions can be issued in this writ petition.

The writ petition is dismissed without prejudice to the right of the petitioners to contest the claim made by the parties in appropriate proceedings.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 6616 OF 2023 3 APPENDIX OF WP(C) 6616/2023 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PAYMENT ADVICE MADE BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DATED 31.01.2020 Exhibit P2 A TRUE COPY OF THE CERTIFICATE DATED 23.11.2021 ISSUED BY THE 1ST RESPONDENT EVIDENCING CREATION OF AN EQUITABLE MORTGAGE Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS TO THE PETITIONERS UNDER SECTION 13(4) OF THE SARFAESI ACT Exhibit P4 A TRUE COPY OF THE NOTICE DATED 15.02.2023 ISSUED BY THE ADVOCATE RAKHIL N.T., THE ADVOCATE COMMISSIONER APPOINTED IN THE CASE

Unlock Advanced Research with PRISMAI

Kerala High Court