Safarudheen vs The Kerala State Co-Operative Bank Ltd

Kerala High Court

Safarudheen vs The Kerala State Co-Operative Bank Ltd on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                WP(C) NO. 12562 OF 2023
PETITIONER:

         SAFARUDHEEN,
         AGED 61 YEARS, S/O. MUHAMMEDUNNI,
         THRUVATH VEETTIL HOUSE, CHAVAKKAD VILLAGE,
         PALUVAI DESOM, CHAVAKKAD TALUK,
         THRISSUR DISTRICT- 680506.

         BY ADVS.
         RAJIT
         V.V.JOY
         RAMAKRISHNAN M.N.


RESPONDENTS:

   1     THE KERALA STATE CO-OPERATIVE BANK LTD.,
         REPRESENTED BY MANAGER,REREGIONAL OFFICE,
         KOVILAKATHUMPADOM, THRISSUR-680022.

   2     THE KERALA STATE CO-OPERATIVE BANK LTD
         GURUVAYUR BRANCH, REPRESENTED BY BRANCH
         MANAGER, GURUVAYUR, CHAVAKKAD - 680101.

   3     DEPUTY GENERAL MANAGER
         THE KERALA STATE CO-OPERATIVE BANK LTD.,
         CREDIT PROCESSING CENTRE (CPC),
         PALLIKKULAM, THRISSUR, PIN - 680001.

         BY ADV.SRI.P.C.SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.12562 of 2023
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                      JUDGMENT

Dated this the 23rd day of May, 2024 The petitioner is before this Court seeking to direct the respondent-Bank to permit the petitioner to repay the overdue amount in 20 instalments.

2. The petitioner availed Housing Loan / Simple Loan of ₹25 lakhs from the Kerala State Co-operative Bank Limited. When the petitioner defaulted in repayment, the respondents initiated coercive proceedings invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner has approached this Court seeking to direct the respondents to permit the petitioner to repay the overdue amount in 20 instalments.

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3. Standing Counsel representing the respondents submits that the outstanding amount payable by the petitioner would be ₹60,70,329/-. The petitioner has not remitted the instalment amounts as directed by this Court in the interim orders. The petitioner has no intention to clear the loan. The writ petition is therefore liable to be dismissed.

4. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respondents.

5. This Court, on 10.04.2023, directed the petitioner to remit an amount of ₹3 lakhs on or before 17.05.2023. On 25.03.2024, this Court directed the petitioner to remit an amount of ₹5 lakhs on or before 30.03.2024 and ₹5 lakhs on or before 30.04.2024.

6. It is an admitted position that out of ₹13 lakhs directed to be paid by the petitioner in three instalments, the W.P.(C)No.12562 of 2023 :4: petitioner has paid only ₹9,92,000/-. The petitioner has failed to make the remittances as directed by this Court.

In the circumstances, no further reliefs can be granted to the petitioner. The writ petition is dismissed.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)No.12562 of 2023 :5: APPENDIX OF WP(C) 12562/2023 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE SUMMONS ALONG WITH THE PLAINT ARC 1818/2021 DATED 29.06.2022 ISSUED FROM THE COURT OF THE JOINT REGISTRAR, THRISSUR DISTRICT CO-OPERATIVE SOCIETIES TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 14.03.2023