Narayanan Thottiyil vs The State Of Kerala
2021 Latest Caselaw 13906 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE A.M.BADAR
        TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                       WP(C) NO. 10669 OF 2021
NAME AND ADDRESS OF THE PETITIONER:

            MR. NARAYANAN THOTTIYIL
            AGED 61 YEARS,
            S/O. GOPINATHAN. T,
            THOTTIYIL HOUSE, VENKULAM,
            OORAKAM, MELMURI P. O,
            MALAPPURAM DISTRICT,
            KERALA, PIN - 676 519.
            BY ADVS.
            SRI. A.S. DILEEP
            SRI. P. BINOD
            SMT. SUSEELA DILEEP
            SRI. SUDEEP ARAVIND PANICKER


NAME AND ADDRESSES OF RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY IT'S SECRETARY TO GOVERNMENT,
            MINISTRY OF CO-OPERATION,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM DISTRICT,
            PIN - 695 001.
    2       KOTTAKKAL URBAN CO-OPERATIVE BANK LIMITED NO. 1378,
            HEAD OFFICE, KOTTAPPADY,
            KOTTAKKAL, MALAPPURAM DISTRICT,
            KERALA, PIN - 676 503,
            REPRESENTED BY ITS AUTHORIZED OFFICER.

            SRI. DEVAPRASANTH P.J., SC
            SRI. RON BASTIAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10669 OF 2021

                                  2




                              JUDGMENT

Heard both sides.

2. The learned counsel for the petitioner submits

that, though the loan was ostensibly taken for the purpose of

business, the real purpose of taking that loan was Liver and

Kidney transplant operation to nephew of the petitioner. The

learned counsel for the petitioner submits that, the petitioner

wants to clear the entire overdue amount in the loan account

by suitable installments apart from regular payment of

installments of the principal amount/interest.

3. The learned counsel for the 2nd respondent submits

that, it was the business loan and it was declared as non

performing asset on 28.07.2019. The learned counsel for the

2nd respondent submits that suitable installments may be

granted to clear the overdue amount of loan along with

default clause.

4. The petitioner has produced on record several

documents of medical treatment of his nephew reflecting WP(C).No.10669 OF 2021

Liver and Kidney transplant. My attention was drawn to the

certificate given by the Department of the GI Surgery of

Amrita Institute of Medical Sciences and Research Centre in

Ext.P3, mentioning the fact that, nephew of the petitioner is

advised to undergo Combine Kidney and Liver transplantation

for which he would require an amount of Rs.30 Lakhs. No

doubt the loan is for the business purpose but medical

emergency in the family is demonstrated by the petitioner for

getting installments for repayment of overdue amount of the

loan. The 2nd respondent is gracious enough to accept the

request for clearing the overdue amount of loan of the

petitioner in installments and therefore the petition is

disposed of with the following directions:

The petitioner to clear the entire overdue amount which

is stated to be Rs.9,80,196/- as of now along with other

charges, if any, in twelve equated successive monthly

installments commencing from 2nd August, 2021. Apart from

that the petitioner should continue to pay regular

installments. If the petitioner complies with these directions,

then the 2nd respondent shall keep the action under the WP(C).No.10669 OF 2021

SARFAESI Act in abeyance. A single default on the part of the

petitioner in compliance with these directions shall entail the

2nd respondent to continue with the coercive action initiated

against the petitioner. No further extension of time shall be

granted to the petitioner for compliance with these directions.

Sd/-

A.M.BADAR JUDGE

SPR WP(C).No.10669 OF 2021

APPENDIX OF WP(C) 10669/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LOAN SANCTION LETTER DATED 16.02.2019.

EXHIBIT P2 TRUE COPIES OF DOCUMENTS PERTAINING TO (COLLY) THE TREATMENT OF ANOOP C FROM 2015 TO 2020.

EXHIBIT P3 TRUE COPY OF MEDICAL CERTIFICATE DATED 01.03.2021 ISSUED BY DR. SUDHINDRAN, CONSULTANT GI SURGEON, AMRUTHA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE, ADVISING TRANSPLANT OF BOTH LIVER AND KIDNEY OF ANOOP C.

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED 20.11.2019 ISSUED TO THE PETITIONER UNDER SECTION 13(2) OF THE SARFAESI ACT, 2002, BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE POSSESSION NOTICE DATED 20.02.2020 ISSUED BY THE 2ND RESPONDENT UNDER PROVISIONS OF SECTION 13(4) OF SARFAESI ACT, 2002.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 23.03.2021 AFFIXED BY THE ADVOCATE COMMISSIONER SOORAJ P. UPON THE MORTGAGED PROPERTY FOR INSPECTION OF THE MORTGAGED PROPERTY.

     RESPONDENT'S/S EXHIBITS:    NIL.