Kerala High Court
Sunitha Kumari E.K vs South Indian Bank Ltd on 17 December, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:95472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
WP(C) NO. 45054 OF 2024
PETITIONER:
SUNITHA KUMARI E.K.
AGED 38 YEARS
W/O PAVITHRAN,
PROPRIETOR, M/S EKM PETROLEUM,
PVP XIV/511, MAIN ROAD,
PERINGOME, KANNUR,
KERALA, PIN - 670353
BY ADVS.
UMMUL FIDA
C.IJLAL
P.PARVATHY
MAJID MUHAMMED K.
ANANDU R.
RESPONDENT:
SOUTH INDIAN BANK LTD.
REGIONAL OFFICE, KANNUR,
SIB HOUSE, CHALAD P.O.,
KANNUR
REPRESENTED BY ITS AUTHORIZED OFFICER,
PIN - 670014
OTHER PRESENT:
SRI. P.A.AUGUSTINE., STANDING COUNSEL
WP(C).No.45054 of 2024 2024:KER:95472
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.45054 of 2024 2024:KER:95472
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JUDGMENT
Dated this the 17th day of December, 2024 This is the 4th round of litigation before this Court, at the instance of the petitioner, challenging the proceedings initiated by the respondent bank to recover the amount due under credit facilities extended to the petitioner. Despite the fact that in the 3 rd round of litigation before this Court in W.P.(C).No. 42453 of 2024, this Court had permitted the petitioner to approach the bank for one- time settlement/restructuring/rescheduling the loan payment, it is the admitted case of the petitioner that the petitioner did not approach the bank for one-time settlement/restructuring/rescheduling of the loan.
2. The learned counsel appearing for the petitioner submits that since possession was not taken on the date mentioned in Ext.P3, the petitioner is entitled to a further notice before taking of possession so that the petitioner may approach the Debt Recovery Tribunal by filing a WP(C).No.45054 of 2024 2024:KER:95472 4 Securitisation Application against that notice. It is a case of the petitioner that once a fresh notice is issued by the advocate commissioner, the petitioner will be in a position to approach the Debt Recovery Tribunal by filing a Securitisation application.
4. Though the learned counsel appearing for the respondent bank submits that the possession is scheduled tomorrow and intimation was already given regarding this aspect to the petitioner, it is directed that before taking possession, a further intimation will also be given by the Advocate Commissioner. Though it is the submission of the learned counsel appearing for the respondent bank that a fresh written intimation need not be given by the Advocate Commissioner, I am of the view that since the possession was not taken on 10.10.2024, a fresh written intimation has to be given by the Advocate Commissioner before actually taking physical possession. Accordingly, this writ petition will stand disposed of, directing that before taking physical possession, the Advocate Commissioner shall issue a fresh WP(C).No.45054 of 2024 2024:KER:95472 5 intimation to the petitioner. I make it clear that this does not constitute a stay of the taking of physical possession proposed on 18.12.202 and it will be open to the Advocate Commissioner to take physical possession of the secured asset in accordance with law on 18.12.2024 after giving a further intimation as directed above.
Sd/-
GOPINATH.P JUDGE BG 17.12.2024 WP(C).No.45054 of 2024 2024:KER:95472 6 APPENDIX OF WP(C) 45054/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 04/03/2024 IN W.P.C.NO.5012/2024 EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 08/04/2024 IN W.P.C.NO.13979/2024 EXHIBIT P3 A TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 26/09/2024 ISSUED TO THE PETITIONER EXHIBIT P4 A TRUE COPY OF THE DEMAND NOTICE DATED 21/10/2023 UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITIES INTEREST ACT, 2002 ISSUED BY THE DEFENDANT BANK EXHIBIT P5 A TRUE COPY OF THE PETITION DATED 08/08/2024 FILED THE RESPONDENT BANK UNDER SECTION 14(1) OF THE SARFAESI ACT BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD EXHIBIT P6 A TRUE COPY OF THE AFFIDAVIT DATED 08/08/2024 FILED BY THE AUTHORIZED OFFICER OF THE RESPONDENT BANK IN C.M.P. NO. 3071/2024 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 19/08/2024 IN C.M.P. NO. 3071/2024 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD EXHIBIT P8 A TRUE COPY OF THE PROCEEDINGS DATED 21/08/2024 IN C.M.P.NO.3071/2024 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD FROM THE ECOURTS WEBSITE EXHIBIT P9 A TRUE COPY OF THE PROCEEDINGS DATED 23/10/2024 IN C.M.P.NO.3071/2024 OF THE WP(C).No.45054 of 2024 2024:KER:95472 7 HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD FROM THE ECOURTS WEBSITE EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 29/11/2024 IN W.P.C.NO.42453/2024 OF THIS HON'BLE COURT RESPONDENTS EXHIBITS NILL TRUE COPY P.A. TO JUDGE