Kerala High Court
Muhammed Sadique vs The District Collector on 25 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WP(C) NO. 16568 OF 2024
PETITIONER:
MUHAMMED SADIQUE
AGED 36 YEARS
S/O ALAVI NADUVATH HOUSE,
MUNDILAKKAL THAVANOOR VILLAGE, PONNANI TALUK,
MALAPPURAM DISTRICT, PIN - 679573
BY ADVS.
SALMAN FARIS
RAFEEK. V.K.
VICTOR ANTONY NOONE
U.M.HASSAN
ASWIN K.R.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CONFERENCE HALL, COLLECTRATE RD, UP HILL, MALAPPURAM,
KERALA, PIN - 676505
2 DEPUTY TAHASILDAR
TALUK OFFICE KONDOTTY KONDOTTY, KERALA, PIN - 673638
3 KERALA CO-OPERATIVE BANK ( KERALA BANK)
REPRESENTED BY ITS BRANCH MANAGER,
KIZHISSERI BRANCH,KIZHISSERI, KUZHIMANNA P.O,
PIN - 673641
SRI. GILBERT GEORGE CORREYA - SC
SRI. AJITH VISWANATHAN - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) . No. 16568 of 2024
2
JUDGMENT
Dated this the 25th day of April, 2024 The petitioner is challenging the recovery proceedings initiated against him under the Secularization and Reconstruction of Financial Assests and Enforcement of Security Interest Act, 2002. The petitioner has availed a credit facility from the respondent Bank and consequent to the default committed by the petitioner in repaying the amount, the said account is declared as NPA. Accordingly, recovery proceedings have been initiated which is impugned in this writ petition.
2. Heard Sri. Salman Faris learned counsel for the petitioner, Sri. Gilbert George Correya the learned standing counsel for the 3rd respondent and Sri. Ajith Viswanathan the learned Government Pleader for the 1st and 2nd respondents.
3. The learned counsel appearing for the Bank submits that as on date, an amount of Rs.2,29,167/- is overdue in the loan. It is submitted by the learned counsel for the Bank upon instructions that, they are amenable for granting an opportunity to the petitioner to regularise the loan account by paying the entire instalment overdue along with interest in reasonable monthly instalments.
W.P.(C) . No. 16568 of 20243
In such circumstances, this writ petition is disposed of granting an opportunity to the petitioner to regularise the loan account by paying the instalment overdue as mentioned above along with interest due thereon in 6 (six) equal monthly instalments commencing from 01.06.2024 onwards. The subsequent instalments shall be paid by the petitioner on the 1 st day of every succeeding months. Along with the aforesaid payment, regular monthly instalment shall also be paid. In case of default on the part of the petitioner in payment of any of the instalments including regular monthly instalments, the aforesaid facility shall stand cancelled, upon which the Bank will be at liberty to proceed with the recovery proceedings. Subject to the above direction, the recovery proceedings against the petitioner is directed to be kept in abeyance.
Sd/-
ZIYAD RAHMAN A.A. JUDGE AP W.P.(C) . No. 16568 of 2024 4 APPENDIX OF WP(C) 16568/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FORM 1 NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED 06.04.2024 Exhibit P2 TRUE COPY OF THE FORM 10 NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT DATED 09.04.2024