IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 23019 OF 2021
PETITIONER:
BARNETT ASSOCIATES
BARNETT BUILDINGS, THAVALAKUZHY, ETTUMANOOR,
KOTTAYAM-686 631, REPRESENTED BY ITS PROPRIETOR,
K.J.RAJU, AGED 59 YEARS, S/O. K.J. JOSEPH.
BY ADVS.
PEEYUS A.KOTTAM
HRITHWIK D. NAMBOOTHIRI
RESPONDENTS:
1 AUTHORISED OFFICER/CHIEF MANAGER
STATE BANK OF INDIA, KOTTAYAM BRANCH, PIN-686 001.
2 STRESSED ASSETS RECOVERY MANAGER
STATE BANK OF INDIA, VANKARATH TOWRS, 7TH FLOOR,
PALARIVATTOM, BYEPASS JUNCTION, ERNAKULAM-682 024,
REPRESENTED BY ITS ASSISTANT GENERAL MANAGER.
3 STATE BANK OF INDIA
SME BRANCH, 2ND FLOOR, PARAYKKAL BUILDING, LAL BAHADOOR
SASTHRI ROAD, KOTTAYAM-686 001 REPRESENTED BY ITS CHIEF
MANAGER.
BY ADV S.EASWARAN-R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23019 OF 2021
2
JUDGMENT
Dated this the 9th day of June, 2022 The writ petition was filed seeking to command the respondent-Bank to regularise the petitioner's loan account by allowing him to remit the entire interest arrears outstanding till this day.
2. The learned counsel for the petitioner urged all the grounds raised in the writ petition and contended that the classification of accounts by the Bank authorities was not in accordance with the guidelines given by the Reserve Bank of India. The mandatory guidelines of the Reserve Bank of India, which have statutory force, have been violated. In the circumstances, this Court is compellable to interfere in the matter.
3. The learned Standing Counsel for the respondent-Bank stoutly denied the allegations and pointed out that if the Reserve Bank of India guidelines are violated in the matter of classification of accounts, the appropriate forum for adjudication of the said WP(C) NO. 23019 OF 2021 3 dispute will be the Debt Recovery Tribunal. Such disputed issues involving questions of fact cannot be entertained in a writ petition under Article 226 of the Constitution of India.
4. After arguing the matter at length, the learned counsel for the petitioner submitted that the petitioner may be permitted to raise all the grievances urged in this writ petition by the petitioner, before the DRT. The petitioner also submitted that the petitioner is ready and willing to clear all the arrears, if a breathing time is given.
In view of the above, this writ petition is disposed of without granting any relief to the petitioner, but at the same time permitting the petitioner to approach the DRT. The petitioner will be at liberty to urge all the points raised in this writ petition before the DRT.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 23019 OF 2021 4 APPENDIX OF WP(C) 23019/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 30.7.2021 TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 12.8.2021.
Exhibit P3 TRUE COPY OF THE BANK STATEMENT DATED 19.10.2021 IN LOAN ACCOUNT NO.67304734860 FOR RS.3,83,000/-.
Exhibit P4 TRUE COPY OF THE BANK STATEMENT DATED 19.10.2021 IN LOAN ACCOUNT NO.67247787894 FOR AN AMOUNT OF RS.88,000/-.
Exhibit P5 TRUE COPY OF THE BANK STATEMENT DATED 19.10.2021 SHOWING REMITTANCE OF AN AMOUNT OF RS.1,30,000/- TO THE LOAN ACCOUNT NO.39371027851/-
Exhibit P6 TRUE COPY OF THE LETTER SENT BY THE 3RD RESPONDENT BANK TO THE PETITIONER DATED 22.9.2021.
Exhibit P7 TRUE COPY OF THE CIRCULAR NO.RBI/2015-
16/338 FIDD.MSME & NFS.BC.NO.21/06.12.31/2015-16 DATED 17.03.2016 Exhibit P8 THE TRUE COPY OF THE TENDER AWARDED NO.KWA/DB/WSPMVK/16299/2021-22 DATED 07/10/2021 Exhibit P9 THE TRUE COPY OF THE TENDER AWARDED NO.PDK/DB/1328/2021-22 DATED 31/01/2022 FOR RS.39,97,717/-(RUPEES THIRTY NINE LAKH NINETY SEVEN THOUSAND SEVEN HUNDRED SEVENTEEN ONLY) Exhibit P10 THE TRUE COPY OF THE NOTICE FOR SALE OF IMMOVABLE PROPERTY DATED 13/5/2022 ISSUED BY THE RESPONDENT BANK.
RESPONDENT'S/S EXHIBITS : NIL