Mr. Gopi D vs M/S Manappuram Home
2022 Latest Caselaw 2096 Kant

                              1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 9TH DAY OF FEBRUARY, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.635 OF 2022 (GM - RES)

BETWEEN:
1.     MR.GOPI D.,
       S/O DUNDA SHETTY,
       AGED ABOUT 25 YEARS,

2.     MRS. KUMARI S.,
       W/O DUNDA SHETTY,
       AGED ABOUT 45 YEARS,

       BOTH ARE RESIDING AT
       NO.46 ADIBETTAHALLI GRAMA,
       VATALU GRAMA, T. NARASIPURA TALUK,
       MYSORE (D) - 571 124.

3.     MR. NANJUNDASHETTY M.,
       S/O MADHA SHETTY,
       AGED ABOUT 45 YEARS,
       RESIDING AT MUGURU MOLE GRAMA,
       MUGURU HOBLI,
       T. NARASIPURA TALUK,
       MYSORE (D).
                                            ...PETITIONERS
(BY SRI.DIVYASHREE B.R., ADVOCATE FOR
    SRI.NITHIN CHANDRA M., ADVOCATE)

AND:

1.     M/S. MANAPPURAM HOME
       FINANCE LIMITED,
       ADDRESS: NEW KANTHARAJA URS ROAD,
       MYSORE - 570 023.
       REPRESENTED BY ITS
       AUTHORIZED OFFICER,
       MR BASAVARAJU P.,
       AGED ABOUT 34 YEARS.
                               2

2.    STATE OF KARNATAKA,
      OFFICE OF THE DISTRICT COMMISSIONER
      AND DISTRICT MAGISTRATE,
      MYSORE DISTRICT,
      MYSORE - 570 001.
                                        ...RESPONDENTS
(BY SRI.B.V.KRISHNA, AGA FOR R1;
    SRI.BHARATH KESHAVAMURTHY, ADVOCATE FOR C/R1)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
QUASHING THE ORDER DATED 25.10.2021 PASSED UNDER
SECTION 14 OF SARFAESI ACT - 2002 IN MAG (3) MIS
NO.100/2021 FROM THE OFFICE OF THE DISTRICT
COMMISSIONER    AND    DISTRICT  MAGISTRATE   MYSURU
DISTRICT, MYSORE AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

The subject matter of this writ petition involves

rendering of petitioners' loan account as NPA for not adhering

to the time schedule of payments. Learned counsel for the

petitioners argues that the adherence was not possible

because of financial difficulty during the relevant period and

this difficulty having escalated in view of Covid-19 pandemic.

Petitioners also points out certain reprieve granted by Apex

court in the light of Covid-19 pandemic difficulties and seeks

that such a reprieve needs to be extended to petitioners as

well, who happen to be a daily wagers.

2. Learned Panel Counsel appearing for the

respondent-Bank opposes the petition contending that the

NPA was certified in 10.07.2020 which preceded the onset of

Covid-19 pandemic and that to an unscrupulous debtor no

relief can be granted by the writ court. So contending, he

seeks dismissal of the writ petition.

3. Having heard the learned counsel for the parties

and having perused the petition papers, this Court is inclined

to grant reprieve to the petitioners inasmuch as, the

submission made by the petitioners are daily wagers is not

much disputed by the other side. secondly, the financial and

other difficulties come to anyone in the course of life and

nobody is spared. Added, petitioners are coming forward to

make all the payments that would enable the bank to lift the

brand of NPA in the special circumstances. no prejudice

would be caused to the Bank should petitioners make the

payment and their loan account is regularised. Thus, an

eminent case is made out for the grant of relief.

In the above circumstances, this writ petition is

disposed off permitting the petitioners to pay to the bank so

much of the amount as is required for making the loan

account regular. Time for payment is four weeks.

If no payment is accordingly made, the benefit granted

by this judgment stands denied to the petitioners and that

the bank can proceed to take physical possession of the

subject property with the assistance of police, immediately.

No costs.

Sd/-

JUDGE

DS