Renjini.S vs The Kollam Co-Operative Urban ...
2021 Latest Caselaw 143 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                      WP(C).No.28370 OF 2020(U)


PETITIONER:

               RENJINI.S, AOOROODHAM NORTH,
               KOCHUMURI, GOVINDAMUTTOM P.O.,
               PUTHUPALLY, ALAPPUZHA DISTRICT,
               PIN-690 527.

               BY ADVS.
               SHRI.V.PREMCHAND
               SMT.SURYA MOHAN P.


RESPONDENTS:

      1        THE KOLLAM CO-OPERATIVE URBAN BANK LTD 960
               REPRESENTED BY THE GENERAL MANAGER,
               HEAD OFFICE, YMCA ROAD,
               CHINNAKADA KOLLAM DISTRICT, PIN-691 01.

      2        THE BRANCH MANAGER
               THE KOLLAM CO OPERATIVE URBAN BANK LTD.960,
               BUILDING NO.SP II/404, SHAKTHIKULANGARA P.O.,
               KOLLAM DISTRICT, PIN-691 581.

      3        THE AUTHORISED OFFICER
               THE KOLLAM CO OPERATIVE URBAN BANK LTD.960,
               HEAD OFFICE, YMCA ROAD,
               CHINNAKADA KOLLAM DISTRICT, PIN-691 001.


               SMT. D.P.RENU - SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 28370/20
                                       2



                               JUDGMENT

Through this writ petition, the

petitioner calls into question certain

proceedings initiated and being pursued by the

respondent Bank under the provisions of the

Securitisation and Reconstruction of Financial

Assets and Enforcement of Securities Interest

Act ('the SARFAESI Act' for brevity).

2. I have heard the learned counsel for

the petitioner and the learned counsel for the

respondent Bank.

3. As I proceed to consider the reliefs

prayed for by the petitioner herein, I am

conscious that I am jurisdictionally

proscribed from entering into any enquiry or

consideration of the legality or otherwise of

the orders impugned in this writ petition on

account of the imperative statutory provisions

and the binding judicial pronouncements,

especially that of the Hon'ble Supreme Court

in Union Bank of India v. Satyawati Tondon WPC 28370/20

[(2010) 8 SCC 110] and in Authorised Officer,

State Bank of Travancore and Another v. Mathew

K.C. [2018 (1) KLT 784]. I, therefore, cannot

and do not propose to consider any of the

legal contentions raised by the petitioner on

its merits.

4. However, obviously being aware of

this, the learned counsel appearing for the

petitioner has prayed that notwithstanding the

limitations of jurisdiction as aforementioned,

the petitioner may be granted some leniency or

latitude in order to enable her to pay off the

overdue amounts in installments.

5. I, therefore, enquired with the

learned counsel for the Bank as to whether the

request on the part of the petitioner can be

allowed, especially on account of the fact

that the Banks are only interested in

recovering and not in maintaining and keep

pending litigations and legal proceedings

against such recovery. The learned counsel has

fairly submitted that the Bank is concerned WPC 28370/20

about recovery at the earliest and that if the

petitioner pays off the dues quickly, it would

be to their interest also.

               6.    In        view       of   the      fact      that     the

       proceedings             initiated         by    the     Bank      would

consume time to culminate in total recovery

and taking into account the financial

constraints and burden that have been alleged

and pleaded by the petitioner, I am inclined

to dispose of this writ petition allowing her

an opportunity to pay off the overdue amounts

demanded by the Bank.

7. The learned counsel for the Bank at

this time submits that the petitioner can be

allowed to pay off the overdue amount of

Rs.7,60,172/- as on 05.01.2021 in not more

than eight instalments commencing from

05.02.2021 and that the account can thus be

regularised by the Bank.

               8.        The        learned       counsel         for      the

       petitioner         says        that       the     petitioner         is

agreeable to the above offer made by the Bank WPC 28370/20

and therefore that the writ petition may be

ordered granting permission to the petitioner

to pay off the amount in the manner as afore.

9. In such circumstances, I direct the

petitioner to pay off the aforementioned

overdue amount of Rs.7,60,172/- as on

05.01.2021, along with applicable charges and

interest, in eight equal monthly instalments

commencing from 05.02.2021. She shall also, in

addition to this, pay the regular EMIs without

fail. If such payment is made by the

petitioner, her loan account would stand

regularised and she would then be at liberty

to service the account as per the terms of the

loan sanctioned. It goes without saying that

if there is any default in making the payment

as directed above, the benefit granted under

this judgment would stand vacated and the Bank

will be at liberty to recover the entire

liability from the petitioner by continuing

with the proceedings from the stage it is on

this date.

 WPC 28370/20


               10.     I     make        it   clear        that     the

directions in this judgment are peremptory in

nature and that the petitioner will have to

comply with the same meticulously. I caution

the petitioner that no further requests for

extension or modification of this judgment,

save in exceptional circumstances, will be

permitted and that if the petitioner fails to

comply with the directions herein, she will

lose the benefit of this judgment.

               The        writ      petition         is      ordered

       accordingly.




                                                   Sd/-

                                          DEVAN RAMACHANDRAN
       RR                                          JUDGE
 WPC 28370/20




                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        TRUE COPY OF THE NOTICE DATED
                         24.5.2018 ISSUED BY THE 2ND
                         RESPONDENT UNDER 13(2) OF THE
                         SARFAESI ACT.

       EXHIBIT P2        TRUE COPY OF THE LETTER DATED

30.3.2019 ISSUED BY PUSHPAGIRI MEDICAL COLLEGE HOSPITAL.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 11.12.2020 BY THE ADVOCATE COMMISSIONER.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 5.12.2020 BEFORE THE 2ND RESPONDENT.