IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 29TH DAY OF JUNE 2022/8TH ASHADHA, 1944
WP(C) NO. 25570 OF 2021
PETITIONER:
BASHEER MOHAMMED KANNU,
AGED 69 YEARS, S/O S. MOHAMMED KANNU,
RESIDING AT R.S. NO.142/2-18, 142/6,
KAITHAKONAM HOUSE, KAITHAKONAM,
KATTAKKADA P.O., VEERANKAVU,
KATTAKADA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695 572.
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
K.B.MOHANAN
RESPONDENTS:
1 AXIS BANK LTD. RETAIL ASSET CENTER,
KARAMANA, 2ND FLOOR, NIHAL COMPLEX,
THIRUVANANTHAPURAM DISTRICT, PIN-695 002,
REPRESENTED BY ITS MANAGER.
2 THE AUTHORISED OFFICER, AXIS BANK LTD.,
RETAIL ASSET CENTER, KARAMANA,
2ND FLOOR, NIHAL COMPLEX,
THIRUVANANTHAPURM DISTRICT, PIN-695 002.
BY ADVS.
SAJU N.A.
G.LEKHA
P.J.FLONY
UMA.G.KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.25570/2021
:2 :
JUDGMENT
Dated this the 29th day of June, 2022 The petitioner has approached this Court stating that his account has been declared as NPA contrary to the directions issued by the Supreme Court in the matter of relief to be granted by the banks on account of Covid-19 regulations. This writ petition was admitted on 17.11.2021 and the proceedings initiated against the petitioner have been kept in abeyance since then by virtue of interim order dated 17.11.2021.
2. The learned Standing Counsel for the respondent bank submits that the interim order was issued taking into consideration the fact that there was no regular sitting before the Debts Recovery Tribunal, Ernakulam and the petitioner had no other Forum to ventilate his grievances. It is submitted that the total liability as on date is approximately `2.79 crores and the petitioner has not made a single payment after obtaining the interim order from this Court. It is submitted that WP(C) No.25570/2021 :3 : since the regular sitting of the Debts Recovery Tribunal has commenced, it is for the petitioner to approach the DRT for appropriate reliefs.
Taking into consideration the submissions made by either side, this writ petition is disposed of permitting the petitioner to approach the Debts Recovery Tribunal seeking appropriate reliefs. In order to enable the petitioner to do so, it is ordered that the period during which this writ petition was pending in this Court, i.e., from 16.11.2021 till today (29.06.2022) shall be excluded for the purposes of determining the period of limitation, provided the application is filed within a period of fifteen (15) days from today. Further coercive steps against the petitioner shall be kept in abeyance for a period of one month from today on condition that the petitioner deposits a sum of `25 lakhs within the aforesaid period. It is made clear that the DRT is free to decide the matter in accordance with law.
Sd/-
GOPINATH P.
JUDGE ncd/29.06.22 WP(C) No.25570/2021 :4 : APPENDIX OF WP(C) 25570/2021 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT ISSUED TO THE PETITIONER DATED 28.07.2021.
Exhibit P2 THE TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER BY THE COURT OF METROPOLITAN MAGISTRATE 3RD COURT CALCUTTA.
Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AGAINST EXHIBIT P1 NOTICE.
Exhibit P4 THE TRUE COPY OF THE POSSESSION NOTICE UNDER SECTION 13(4) OF THE SARFAESI ACT ISSUED TO THE PETITIONER DATED 22.10.2021.
RESPONDENTS' EXHIBITS Exhibit R1(a) TRUE COPY OF THE REPLY LETTER DATED 8/9/2021 ISSUED TO THE PETITIONER Exhibit R1(b) TRUE COPY OF RBI CIRCULAR NO.DOR NO.BP.BC.47/21.04.048/2019-20 DATED 27/3/2020 Exhibit R1(c) TRUE COPY OF RBI CIRCULAR NO.DOR NO.BP.BC.71/21.04.048/2019-20 DATED 23/5/2020