Kerala High Court
Hareendranth vs Srinivas Acharya on 22 February, 2019
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 22ND DAY OF FEBRUARY 2019/3RD PHALGUNA, 1940
Con. Case(C).No.2448 OF 2018
ARISING OUT OF THE JUDGMENT IN W.P.(C).NO.7946/2017 OF HIGH COURT
PETITIONERS/PETITIONERS:
1 HAREENDRANTH
AGED 61 YEARS
S/O.SREERANGAN, PUSHPA VIHAR,
V.P.9/841,CHAMAVILA,KODUNGANOOR,
THIRUVANANTHAPURAM-695013.
2 JAYALAKSHMI B.,
AGED 56 YEARS,
W/O.HAREENDRANTH S., PUSHPA VIHAR,
V.P.9/841, CHAMAVILA, KODUNGANOOR,
THIRUVANANTHAPURAM-695013.
BY ADV. SRI.GENS GEORGE ELAVINAMANNIL
RESPONDENTS/RESPONDENTS:
1 SRINIVAS ACHARYA
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS
MANAGING DIRECTOR,
SUNDARAM BNP PARIBAS HOME FINANCE LTD.,
FORMERLY KNOWN AS SUNDARAM HOME FINANCE LTD.
SUNDARAM TOWERS, WHITES ROAD, CHENNAI - 600 014.
2 REENA PRADEEP
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS
AUTHORISED OFFICER,
SUNDARAM BNP PARIBAS HOME FINANCE LTD,
THIRUVANANTHAPURAM BRANCH,
T.C.20/30,(37),FLOOR 2,KAIRALI
PLAZA,KILLIPALAM,KARAMANA.P.O,
THIRUVANANTHAPURAM-695 002.
BY ADV. SRI.VARGHESE C. KURIAKOSE, SC, SUNDARAM BNP
PARIBAS HOME FINANCE LTD.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.02.2019, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Cont. Case (C).No.2448/2018 : 2 :
JUDGMENT
It is submitted by the learned counsel for the petitioners that, pursuant to the judgment dated 21.11.2017 in W.P.(C).No.7946/2017, the petitioners were not served with a statement showing the amounts outstanding and detailing as to how the loan account of the petitioners was declared as non-performing asset by the respondent company, but the respondent company proceeded to issue a fresh notice commencing SARFAESI proceedings against the petitioners. This, it is submitted, amounts to a contempt of the judgment of this Court.
2. When the matter was taken up today, the learned Standing counsel for the respondent company would gracefully submit that the present notice served on the petitioners initiating SARFAESI proceedings can be withdrawn and a fresh notice can be issued to the petitioners. The learned counsel for the petitioners, however, submits that even without waiting for the statement from the respondent company, the petitioners have taken steps to prefer an application under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal [DRT] against the earlier notice issued. It would appear that the Registry of the DRT noted a defect in respect of the application so filed, and directed the petitioners to prefer two separate applications under Section 17 against the same notice received by the petitioners, on the ground that the notice in fact Cont. Case (C).No.2448/2018 : 3 : covered two separate loan accounts, in respect of which separate proceedings have been initiated. The learned counsel for the petitioners would further submit that, while both the applications have been numbered, the Registry of the DRT has raised a query with regard to limitation as regards the second application [S.A.No.44/2019].
3. Taking note of the said submission of the learned counsel for the petitioners, I am of the view that, inasmuch as directing the respondent company to issue a fresh notice, in lieu of the earlier one, would prejudice the petitioners in respect of the action already initiated by them before the DRT, the ends of justice would be met by recognising that a part of the cause of action in respect of S.A.No.44/2019 arises now and making it clear that the application already filed by the petitioners [S.A.No44/2019] shall not be rejected solely on the ground of limitation. With the above observation, the Contempt of Court Case is closed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/22/2/19 Cont. Case (C).No.2448/2018 : 4 : APPENDIX PETITIONERS EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 21.11.2017 IN W.P(C)NO.7946/2017, ON THE FILE OF THIS HON'BLE COURT.
ANNEXURE A2 A TRUE COPY OF REPRESENTATION DATED 12.12.2017, SUBMITTED BY THE PETITIONERS TO THE RESPONDENTS.
ANNEXURE A3 A TRUE COPY OF THE DEMAND-NOTICE DATED 01.08.2018,ISSUED BY THE 2ND RESPONDENT, TO THE 1ST PETITIONER,IN RESPECT OF LOAN ACCOUNT NO.72100033.
ANNEXURE A4 A TRUE COPY OF THE DEMAND-NOTICE DATED 01.08.2018,ISSUED BY THE 2ND RESPONDENT, TO THE 1ST PETITIONER,IN RESPECT OF LOAN ACCOUNT NO.72100033.
ANNEXURE A5 A TRUE COPY OF THE DEMAND-NOTICE DATED 01.08.2018,ISSUED BY THE 2ND RESPONDENT, TO THE 1ST PETITIONER,IN RESPECT OF LOAN ACCOUNT NO.72100033.
ANNEXURE A6 A TRUE COPY OF THE DEMAND-NOTICE DATED 01.08.2018,ISSUED BY THE 2ND RESPONDENT, TO THE 1ST PETITIONER,IN RESPECT OF LOAN ACCOUNT NO.72100033.
ANNEXURE A7 A TRUE COPY OF THE DEMAND-NOTICE DATED 01.08.2018, ISSUED BY THE 2ND RESPONDENT, TO THE 1ST PETITIONER,IN RESPECT OF LOAN ACCOUNT NO.72100149 ANNEXURE A8 A TRUE COPY OF THE DEMAND-NOTICE DATED 01.08.2018,ISSUED BY THE 2ND RESPONDENT, TO THE 1ST PETITIONER,IN RESPECT OF LOAN ACCOUNT NO.72100149.
ANNEXURE A9 A TRUE COPY OF THE DEMAND-NOTICE DATED 01.08.2018,ISSUED BY THE 2ND RESPONDENT, TO THE 1ST PETITIONER,IN RESPECT OF LOAN ACCOUNT NO.721000149.Cont. Case (C).No.2448/2018 : 5 :
ANNEXURE A10 A TRUE COPY OF THE DEMAND-NOTICE DATED 01.08.2018,ISSUED BY THE 2ND RESPONDENT, TO THE 2ND PETITIONER,IN RESPECT OF LOAN ACCOUNT NO.72100149.
ANNEXURE A11 A TRUE COPY OF THE POSSESSION-NOTICE DATED 08.11.2018,ISSUED BY THE 2ND RESPONDENT, TO THE PETITIONERS,IN RESPECT OF LOAN ACCOUNT NO.72100033.
ANNEXURE A12 A TRUE COPY OF THE POSSESSION-NOTICE DATED 08.11.2018,ISSUED BY THE 2ND RESPONDENT, TO THE PETITIONERS,IN RESPECT OF LOAN ACCOUNT NO.72100149.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE