Kerala High Court
WP(C)/11764/2025 of MANOJ C. MOIDU, Vs THE KOTAK MAHINDRA PRIME LTD., on 28 March 2025
W.P (C) No.11764/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 11764 OF 2025 PETITIONER/S: MANOJ C. MOIDU, AGED 45 YEARS S/O. MOIDU, 39/2547, KARIVELITHUNDIPARAMBIL HOUSE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
WP(C) NO. 11764 OF 2025
PETITIONER/S:
MANOJ C. MOIDU,
AGED 45 YEARS
S/O. MOIDU, 39/2547, KARIVELITHUNDIPARAMBIL HOUSE, SOUTH JANATHA ROAD, PALARIVATTOM, ERNAKULAM, PIN - 682025
BY ADVS.
T.P.SANTHOSH KUMAR
C.H.ABDUL RASAC
RESPONDENT/S:
THE KOTAK MAHINDRA PRIME LTD.,
KOCHI BRANCH, THADIKKARAN CENTRE, 4TH FLOOR, PALARIVATTOM, ERNAKULAM, REPRESENTED BY ITS AUTHORIZED
OFFICER, PIN - 682025
BY ADVS.
B.S.SURESH KUMAR
ASHLEY JOHN(K/000719/2015)
RANJANA V.(K/001646/2000)
ANUSREE C.S.(K/1438/2021)
JAISON MATHEW(K/002873/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Petitioner has approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due upon a loan availed by the petitioner.
2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.
3. The learned counsel for the respondent financial institution submits that this is the second round of litigation at the instance of the petitioner. It is pointed out that the petitioner had earlier approached this court by filing W.P (C) No.30975/2024 which was disposed of on 23-09-2024 permitting the petitioner to clear the overdue amount in instalments. It is submitted that though the petitioner paid some amount pursuant to Ext.P4 judgment, the respondent financial institution is not ready to regularise the loan account of the petitioner by permitting the petitioner to clear the present overdue amount in some instalments. It is submitted that in the light of the law laid down by the Supreme Court in S. Shobha v. Muthoot Finance Ltd; 2025 SCC OnLine 177, this writ petition is not maintainable against the 1st respondent.
4. Having heard the learned counsel for the petitioner and the learned counsel for the respondent financial institution and considering the judgment of the Supreme Court in S. Shobha (supra), I am of the view that the petitioner cannot be granted any relief in this writ petition under Article 226 of the Constitution of India. Reserving the right of the petitioner to avail statutory remedies, this writ petition will stand dismissed. In order to enable the petitioner to seek statutory remedies, it is directed that taking of physical possession of the secured asset shall stand deferred by a period of one week from today (28-03-2025). Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF WP(C) 11764/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 06.06.2024 ISSUED BY THE RESPONDENT Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 22.08.2024 ISSUED BY THE RESPONDENT Exhibit P3 TRUE COPY OF THE TREATMENT RECORDS OF THE MOTHER OF THE PETITIONER Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 23.09.2024 IN WPC.NO.30975/2024 Exhibit P5 TRUE COPY OF THE TRANSACTION DETAILS OF RS.3 LAKH Exhibit P6 TRUE COPY OF THE TRANSACTION DETAILS OF THE PAYMENT OF RS.2.7 LAKH Exhibit P7 TRUE COPY OF THE DISCHARGE SUMMERY OF THE MOTHER OF THE PETITIONER Exhibit P8 TRUE COPY OF THE DISCHARGE BILL ESTIMATE SUMMERY DATED 22.02.2025 Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 14.03.2025