Kerala High Court
WP(C)/12723/2025 of GRIHAM FOOD & HOTEL PVT. LTD., Vs AXIS FINANCE, on 7 April 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 12723 OF 2025 PETITIONER: GRIHAM FOOD & HOTEL PVT. LTD., REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. RAGHUNATH DALUI AGED 49 YEARS,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WP(C) NO. 12723 OF 2025
PETITIONER:
GRIHAM FOOD & HOTEL PVT. LTD.,
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. RAGHUNATH DALUI
AGED 49 YEARS, S/O. BIJOY KUMAR DALUI,
9-15, SASHI BHUSANBASAK LANE, BARANAGAR (M), NORTH 24 PERGANAS, WEST BENGAL, PIN – 700 036.
BY ADVS.
L.RAJESH NARAYAN
KEERTHANA SARIGA T.S.
RESPONDENTS:
AXIS FINANCE,
GROUND FLOOR 44-173 A1, SEVEN PROVIDENCE, MKV ROAD, PALARIVATTOM, KOCHI, PIN – 682 025, REPRESENTED BY ITS AUTHORIZED OFFICER.
AUTHORISED OFFICER,
AXIS FINANCE-GROUND FLOOR 44-173 A1,
SEVEN PROVIDENCE, MKV ROAD, PALARIVATTOM, KOCHI, PIN – 682 025.
SHAJU ASOKAN,
S/O. ASOKAN,
MANAKUNNATH HOUSE, KATTUNGACHIRA,
IRINJALAKUDA NORTH P.O., TRISSUR, PIN – 680 125.
SARITHA SHAJU,
W/O. SHAJU,
MANAKUNNATH HOUSE, KATTUNGACHIRA,
IRINJALAKUDA NORTH P.O., TRISSUR, PIN – 680 125.
BY ADV. MUHAMMED HUSSAIN K.M. (FOR R1 & R2)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court seeking limited relief. The petitioner prays that it may be permitted to take out the movables from premises belonging to the 3rd respondent, where the petitioner was a tenant. The property had been mortgaged by the 3rd respondent with the 1st respondent bank to avail credit facilities. The bank has taken possession of the premises in question under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
2. When the matter is taken up for consideration today, it is the submission of the learned counsel for the respondent bank that the respondent bank has already issued a communication dated 04-04-2025 to the petitioner indicating that the bank has no objection in permitting the petitioner to take out the movables.
3. The learned counsel appearing for the petitioner would submit that some time limit may be fixed.
4. Despite service of notice, there is no appearance for respondents 3 and 4. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, this writ petition will stand disposed of, directing that the respondent bank shall permit the petitioner to take out the movables as mentioned in the communication dated 04-04-2025 issued to the petitioner within a period of ten days from the date of receipt of a certified copy of this judgment Sd/- GOPINATH P. JUDGE ats
APPENDIX OF WP(C) 12723/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF AWARD DATED 06.05.2024 ISSUED BY IRCTC Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 18.09.2024 ISSUED BY ADDL. GENERAL MANAGER (CATG) IRCTC/EZ/KOLKATTA Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 18.09.2024 ISSUED BY ADDL. GENERAL MANAGER (CATG) IRCTC/EZ/KOLKATTA WITH RESPECT TO TRAIN NO. 22837-38 HTE-ERS DHARTHI ABBA EXPRESS Exhibit P4 TRUE COPY OF THE AGREEMENT FOR TENANCY DATED 02.08.2024 EXECUTED BETWEEN PETITIONER AND THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE LIST OF EQUIPMENT’S INSTALLED IN THE PREMISES BY THE PETITIONER Exhibit P6 TRUE COPY OF THE NOTICE AFFIXED IN THE PREMISES DATED 06.02.2025 Exhibit P7 TRUE COPY OF THE NOTICE DATED 06.03.2025 ISSUED BY THE ADDL. GM IRCTC Exhibit P8 TRUE COPY OF THE E-MAIL DATED 10.03.2025 SEND TO THE PETITIONER BY THE 3RD RESPONDENT