JUDGMENT

The late husband of the petitioner availed a loan from the respondent bank. On default being committed, proceedings have been initiated under the provisions of the SARFAESI Act and the possession of the secured asset being an auditorium has already been taken by the Advocate Commissioner on

07.01.2023. The petitioner has challenged the proceedings before the Debts Recovery Tribunal by filing S.A. No. 411/2022 which is pending on the file of the Debts Recovery Tribunal-II, Ernakulam. Though the Tribunal issued Ext.P5 interim order, the petitioner has not complied with the conditions imposed in the order in full.

2. The petitioner has approached this court stating that the auditorium which has been taken possession of by the Advocate Commissioner appointed by the Chief Judicial Magistrate’s Court, Thiruvananthapuram had been booked for certain marriages on 22.01.2023, 26.01.2023, and

01.02.2023. Reference is made in this regard to the invitation cards which are placed on record. It is submitted that if the persons who have booked the auditorium are required to now search for alternate auditoriums, the same will cause serious prejudice to them and therefore the bank may be directed to ensure that the auditorium is available for conducting the marriages to be held on 22.01.2023, 26.01.2023 and

01.02.2023.

3. The learned counsel appearing for the respondent bank submits that though the relief sought for by the petitioner cannot be granted in proceedings under Article 226 of the Constitution of India, considering the plight of the persons who had booked the auditorium for marriages on 22.01.2023,

26.01.2023 and 01.02.2023, the bank will permit the conduct of the marriages in the auditorium subject to the condition that the entire amount payable as rent for the auditorium is paid over to the respondent bank. It is submitted that any advance amount received by the petitioner must also be paid over to the respondent bank.

4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank as above, this Writ Petition will stand disposed of directing that the respondent bank shall make arrangements to ensure that the marriages which are scheduled to be held in the auditorium in question on

22.01.2023, 26.01.2023 and 01.02.2023 are conducted without any hindrance. If found necessary, the bank may, arrange for the same through the Advocate Commissioner appointed by the Chief Judicial Magistrate's Court, Thiruvananthapuram. The petitioner shall forthwith produce documents showing the amount of advance received by the petitioner from the persons who have booked the auditorium for 22.01.2023, 26.01.2023, and 01.02.2023 and shall also hand over the said amount to the authorized officer of the respondent bank, who shall receive the said amount and credit it against the loan account of the petitioner. Any further amount received by the authorized officer shall also be credited against the loan account of the petitioner.

The Writ Petition is disposed of with the above directions.

Sd/- GOPINATH P. JUDGE

RMV

APPENDIX OF WP(C) 1912/2023 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 11.06.2021 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE DATED 22.02.2022 ISSUED BY THE BANK UNDER SEC 13(4) OF THE SARFEASI ACT Exhibit P3 TRUE COPY OF THE SALE NOTICE ISSUED TO THE PETITIONER AND OTHER LEGAL HEIRS OF THE DECEASED SANTHOSH UNDER RULE 8 OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 DATED 22.07.2022 Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P5 TRUE COPY OF THE INTERIM ORDER OF THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM IN S.A NO. 411/2022 DATED

18.08.2022 Exhibit P6 TRUE COPY OF THE NOTICE DATED 06.12.2022 ISSUED BY