Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945 WP(C) NO. 32702 OF 2023 PETITIONER:
MUHAMMED RASHID VANIYA PEEDIYEKKAL AGED 37 YEARS, S/O KUNHEEN HAJI PROPRIETOR, SHREELA PACKS, 12/387, KULUKKALLUR, PATTAMBI, PALAKKAD, PIN – 679337.
BY ADVS.
SNEHA M.S.
ABHIJITH E.R.
RESPONDENTS:
1 ICICI BANK LTD SAROVARAM BUILDING, PALAKKAD ROAD, MELE PATTAMBI, PATTAMBI PALAKKAD DISTRICT PIN - 679306 REPRESENTED BY ITS AUTHORISED OFFICER (APPOINTED UNDER THE SARFAESI ACT).
2 THE AUTHORISED OFFICER (APPOINTED UNDER THE SARFAESI ACT) ICICI BANK LTD, SAROVARAM BUILDING, PALAKKAD ROAD, MELE PATTAMBI, PATTAMBI PALAKKAD DISTRICT, PIN – 679306.
BY ADV.SRI.PRADEESH CHACKO, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.32702 of 2023 :2:
J U D G M E N T Dated this the 4th day of January, 2024 The petitioner, who has availed financial advance from the 1st respondent-Bank, filed the writ petition seeking to direct the respondents to permit the petitioner to clear the defaulted arrears in 20 monthly instalments along with current scheduled EMIs.
2.
When the writ petition came up for admission on 30.10.2023, the Counsel submitted on behalf of the petitioner that the petitioner will remit an amount of ₹2 lakhs within two weeks.
Subsequently, when the writ petition came up for hearing on 29.11.2023, the petitioner undertook to remit a further amount of ₹4 lakhs on or before 30.12.2023 along with current EMI.
3.
Standing Counsel submits that the petitioner has not remitted any amount in spite of the undertaking given before this Court.
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4.
Proceedings have been initiated by the 1st respondent-Bank invoking the provisions of the SARFAESI Act. The Hon'ble Apex Court has held in the judgment in South Indian Bank Limited v. Naveen Mathew Philip [2023 (4) KLT 29] that interference shall not be made in Securitisation proceedings in exercise of the powers under Article 226 of the Constitution of India, except in exceptional circumstances. I do not find any exceptional circumstances in the facts of the case.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH JUDGE ams
W.P.(C) No.32702 of 2023 :4:
APPENDIX OF WP(C) 32702/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 21/12/2018 ISSUED TO THE
PETITIONER
EVIDENCING
HIS PROPRIETORSHIP OF M/S SHREELA PACKS Exhibit P2 A TRUE COPY OF THE GST CERTIFICATE DATED 27/02/2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS BUSINESS CONCERN AT MAHARASHTRA Exhibit P3 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 KU 5435 DATED 09/02/2022 Exhibit P4 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 KU 5434 Exhibit P5 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 KU 5433 DATED 09/02/2022 Exhibit P6 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 KU 3972 DATED 21/12/2021 Exhibit P7 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 KU 3973 DATED 21/12/2021