Sathish. P.S vs Housing Development Finance Corporation Limited, Now Renamed as Hdfc Bank Ltd.

Type Court Judgment Court Kerala Decided Aug 02, 2023

~3 min read

https://sooperkanoon.com/case/1378154

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1378154
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Aug 02, 2023
Case Number: WP(C)/24750/2023

Parties & Advocates

Appellant / Petitioner

Sathish. P.S

Respondent

Housing Development Finance Corporation Limited, Now Renamed as Hdfc Bank Ltd.

Excerpt

.....not complied with the interim orderdated 27.07.2023. -:3:-5. the hon’ble supreme court in south indian bank ltd vs. naveen mathew philip [2023 livelaw(sc) 320], after adverting to a myriad of earlier judicial pronouncements rendered under the securitisation and reconstruction of financial assets and enforcement ofsecurity interest act, 2002(in short,’act’), has categorically declared that high courts shall not, unless in extra ordinary circumstances, interfere with proceedings initiated under the act in writ proceedings under article 226 of the constitution of india.6. having considered the pleadings and materials on record and taking note of the fact thepetitioner has not complied with the interim orderdated 27.07.2023 passed by this court, i do not find any extra-ordinary circumstances to entertain the writ petition under article 226 of the constitution of india nonetheless, it would be up to the petitioner to work-:4:- out his remedies, in accordance with law. resultantly, the writ petition is dismissed, without prejudice to the right of the petitioner to work out his remedies, in accordance with law. sd/- c.s.dias,judge dst/02.08.23 //true copy// p.a.to judge -:5:- appendix petitioner exhibits exhibit p-1 the true copy of the notice dated 07.07.2022 issued by the 2nd respondent to petitioner exhibit p-2 the true copy of the notice dated 20.02.2023 issued by the advocate commissioner to the petitioner exhibit p- 3 the true copy of the representation dated 20.07.2023 submitted by the petitioner before the 2nd respondent respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 WP(C) NO. 24750 OF 2023 PETITIONER: SATHISH. P.S AGED 52 YEARS S/O. SIVARAMAN, ARUNIMA MANSION, AISWARYA NAGAR, VALLIKAVU ROAD, IRUMPANAM P.O, THRIPUNITHURA, KOCHI, PIN - 682309 BY ADVS. K.B.ARUNKUMAR POOJA K.S. RESPONDENTS:
1 HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, NOW RENAMED AS HDFC BANK LTD. REPRESENTED BY ITS MANAGER. PADIVATTAM BRANCH, PALARIVATTOM, ERNAKULAM, PIN - 682024 2 THE AUTHORISED OFFICER HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, NOW RENAMED AS HDFC BANK LTD. HDFC HOUSE, POST BAG NO. 1667, RAVIPURAM JUNCTION, M.G. ROAD, ERNAKULAM, PIN - 682015 BY ADVS. AMBILY S RUPA R. NAIR(K/001021/2023) RUBAN JOE TONIYO(K/002926/2022) K.K.CHANDRAN PILLAI (SR.)(C-41) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 2nd day of August,2023

JUDGMENT

The writ petition is filed to direct the respondents to permit the petitioner to pay off the outstanding amount in 15 equated monthly instalments and close the loan account.

2. When the writ petition came up for consideration on 27.07.2023, this Court passed a conditional interim order of stay, directing the petitioner to deposit an amount of Rs.10,00,000/- on or before 31.07.2023.

3. Heard; Sri.K.B.Arunkumar, the learned counsel appearing for the petitioner and Smt.S.Ambily, the learned counsel appearing for the respondents.

4. Smt.S.Ambily, on instructions, submitted that

the petitioner has not complied with the interim order

dated 27.07.2023. -:3:-

5. The Hon’ble Supreme Court in South Indian Bank Ltd vs. Naveen Mathew Philip [2023 LiveLaw

(SC) 320], after adverting to a myriad of earlier judicial pronouncements rendered under the Securitisation and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002(in short,’Act’), has categorically declared that High Courts shall not, unless in extra ordinary circumstances, interfere with proceedings initiated under the Act in writ proceedings under Article 226 of the Constitution of India.

6. Having considered the pleadings and materials on record and taking note of the fact the

petitioner has not complied with the interim order

dated 27.07.2023 passed by this Court, I do not find any extra-ordinary circumstances to entertain the writ petition under Article 226 of the Constitution of India Nonetheless, it would be up to the petitioner to work

-:4:- out his remedies, in accordance with law. Resultantly, the writ petition is dismissed, without prejudice to the right of the petitioner to work out his remedies, in accordance with law. Sd/- C.S.DIAS,JUDGE DST/02.08.23 //True copy// P.A.To Judge -:5:- APPENDIX PETITIONER EXHIBITS EXHIBIT P-1 THE TRUE COPY OF THE NOTICE DATED 07.07.2022 ISSUED BY THE 2ND RESPONDENT TO PETITIONER EXHIBIT P-2 THE TRUE COPY OF THE NOTICE DATED 20.02.2023 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER EXHIBIT P- 3 THE TRUE COPY OF THE REPRESENTATION DATED 20.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2023 Same Parties Sathish. P.S vs Housing Development Finance Corporation Limit... Same Judge Honourable Mr.Justice C.S.Dias