Sri N Suresh vs The South Indian Bank Limited
2022 Latest Caselaw 621 Kant

                           1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.587 OF 2022(GM-RES)

BETWEEN:

1. SRI.N. SURESH,
   S/O LATE SRI. NANJE GOWDA,
   AGED ABOUT 50 YEARS,
   R/O NO.79, MILK DAIRY ROAD,
   SANTHEKADUR, SHIVAMOGGA - 577 2222.

2. SMT. GAYATHRI,
   W/O SRI. N SURESH,
   AGED ABOUT 46 YEARS,
   R/AT NO.79, MILK DAIRY ROAD,
   SANTHEKADUR, SHIVAMOGGA - 577 222.
                                         ...PETITIONERS
(BY SRI. PRASHANTH H S, ADVOCATE)

AND:

1. THE SOUTH INDIAN BANK LIMITED,
   A COMPANY REGISTERED UNDER
   THE COMPANIES ACT 1956,
   HAVING ITS HEAD OFFICE AT THRISSUR,
   KERALA STATE, AND HAVING BRANCH AT
   B H ROAD, SHIVAMOGGA,
   REPRESENTED BY ITS SENIOR MANAGER,
   AND GPA HOLDER SRI. DARSHAN S.

2. THE DEPUTY COMMISSIONER AND
   DISTRICT MAGISTRATE,
   SHIVAMOGGA DISTRICT,
   SHIVAMOGGA - 577 201.

3. THE TAHASILDAR,
   SHIVAMOGGA TALUK,
   SHIVAMOGGA - 577 201.
                                       ... RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FRO R2-R3;
    SRI. NARAYANA SHENOY, ADVOCATE FOR C/R
        (CP 1582/2021))
                              2

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE NOTICE DATED 29.12.2021 ISSUED BY THE R-2
HEREIN IN PROCEEDINGS VIDE ANNEXURE -A AND ETC.,

    THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCE, THE COURT MADE THE
FOLLOWING:-
                         ORDER

The grievance of the petitioner - borrowers is against

the coercive proceedings for the recovery and to the

SARFAESI ACT, 2002 notice dated 21.09.2021 issued by

the second respondent at Annexure-A.

2. The first respondent having entered Caveat

through his counsel vehemently opposes the writ petition

drawing attention of the Court to the judgment dated

19.07.2019 made by a Coordinate Bench of this Court in

very petitioners' W.P.Nos. 29950-29951/2019 (GM-RES) a

copy whereof is at Annexure-F; Learned HCGP on request

having accepted notice for the official respondents 2 & 3

also opposes the writ petition pointing out to the

observation in the judgment of the Coordinate Bench.

3. Having heard the learned counsel for the

parties and having perused the petition papers, this Court

declines to grant indulgence in the matter for the following

reasons:

a) Petitioners were before this Court earlier in the

aforesaid writ petitions which came to be disposed off on

19.07.2019; at para no.6 of the judgment it is observed as

under:

"6. In view of submissions made and in the facts of the case, the petitions are disposed of with a direction that in case petitioner deposits the amount due and produces the receipt before the Lok Adalath within a period six weeks from today, the loan account of the petitioner shall be closed. It is made clear that in case the petitioner makes any default in making payment of the amount of loan, the respondents shall be at liberty to proceed in accordance with law."

b) Granting relief to the recalcitrant borrowers of the

kind would amount to delaying the recovery of the debts, if

not defrauding the creditor; since decades, the Apex Court

has warned that unconscionable claims of debtors should

not be entertained in constitutional jurisdiction on the

ground of misplaced sympathy; case of the petitioners

apparently falls within this warning in all fours and

therefore, no relief can be granted to them, as rightly

contended by the learned counsel for the lender.

In the above circumstances, this writ petition is

rejected, costs having been reluctantly made easy.

Sd/-

JUDGE Bsv