Kerala High Court
Gogy C.A vs Central Bank Of India on 5 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13354 OF 2024
PETITIONER/S:
GOGY C.A
AGED 48 YEARS
S/O ANTONY, CHATHELY HOUSE, THAZHEKAD P.O,
THRISSUR, PIN - 680697
BY ADVS.
K.S.HARIHARAPUTHRAN
PINKU MARIAM JOSE
K.M.FATHIMA
RESPONDENT/S:
1 CENTRAL BANK OF INDIA
IRINJALAKUDA BRANCH, OPP TO MUNICIPAL BUS STAND,
KATTOOR ROAD, THRISSUR, REPRESENTED BY ITS MANAGER.,
PIN - 680001
2 STATE OF KERALA REPRESENTED BY REVENUE SECRETARY
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
TRIVANDRUM., PIN - 695001
3 DEPUTY TAHSILDAR (R.R)
TALUK OFFICE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN -
680307
4 VILLAGE OFFICER
THAZHEKAD VILLAGE, CHALAKKUDY,THRISSUR DISTRICT., PIN -
680697
SRI. K M ANEESH (SC),
SRI. BINOY DAVIS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13354 OF 2024 2
JUDGMENT
Petitioner has approached this Court, challenging proceedings initiated by the 1st respondent Bank under the provisions of the Revenue Recovery Act, for recovery of the amounts due from the petitioner.
2. Learned counsel appearing for the petitioner submits that the petitioner had taken MSME loans from the 1st respondent bank, but he could not repay the loan because of the financial crisis. During course of hearing, petitioner has confined the relief to an opportunity for repaying the liability in instalments.
3. Learned counsel appearing for the 1st respondent bank submits that regularisation is not possible. It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the 1 st respondent bank is willing to accept the repayment of the outstanding amount in limited instalments. According to the learned counsel appearing for the 1st respondent, as on 25.08.2023, balance amount which is liable to be repaid is Rs.1,74,654/- (Rupees One lakh seventy four thousand six hundred and fifty four only) and the petitioner can be permitted to clear the same in some reasonable instalments.
WP(C) NO. 13354 OF 2024 3
4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in twelve instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.1,74,654/- (Rupees One lakh seventy four thousand six hundred and fifty four only) along with accrued interest and bank charges from the petitioner in the following manner:
(i) The outstanding amount of Rs.1,74,654/- (Rupees One lakh seventy four thousand six hundred and fifty four only) shall be repaid in twelve equated monthly instalments along with any accrued interest/costs;
(ii) The first instalment shall be paid on or before 30.04.2024 and the subsequent instalments shall be paid on or before the last working day of the succeeding months;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law;
(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P. JUDGE ajt WP(C) NO. 13354 OF 2024 4 APPENDIX OF WP(C) 13354/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE NO RRC 2023/11381/08 DATED 18.2.2024 UNDER SECTION 34 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P1(a) TRUE COPY OF THE DEMAND NOTICE NO RRC 2023/11381/08 DATED 18.2.2024 UNDER SECTION 7 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER