Sainulabdeen Abdul Rahim vs Authorised Officer
2021 Latest Caselaw 15743 Ker

WP(C) NO. 15237 OF 2021
                                   1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE A.M.BADAR
   FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                     WP(C) NO. 15237 OF 2021
PETITIONER/S:

            SAINULABDEEN ABDUL RAHIM,AGED 61 YEARS
            S/O. AHAMED SAINULABDEEN, RESIDING AT TC NO.
            50/397, IYRANIMUTTOM, MANACAUD P.O.,
            THIRUVANANTHAPURAM-695009, REPRESENTED BY HIS
            POWER OF ATTORNEY HOLDER MOHAMED N., S/O.
            NOOHUKANNU, RESIDING AT T.C. NO.22/388/14,
            MANGOTTUKADAVU ROAD, ATTUKAL, KONCHIRAVILA,
            MANACAUD P.O., THIRUVANANTHAPURAM-695009.

            BY ADVS.
            S.JUSTUS
            M.K.MUHAMAD SHAH


RESPONDENT/S:

            AUTHORISED OFFICER AND CHIEF MANAGER, BANK OF
            BARODA, AMBALATHARA BRANCH, AMBALATHARA,
            THIRUVANANTHAPURAM-695026.

            BY ADV LEO GEORGE


OTHER PRESENT:

            SRI.LEO GEORGE, SC


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   30.07.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15237 OF 2021
                                  2


                      A.M. BADAR, J.
               ----------------------------
                 W.P.(C) No.15237 of 2021
              -----------------------------
          Dated this the 30th day of July, 2021

                               JUDGMENT

The learned Standing Counsel takes notice for the

respondent.

2. Heard learned counsel for the petitioner. He

submits that the petitioner wants to get the loan

regularised and suitable instalments be granted for

getting the loan regularised.

3. The learned Standing Counsel appearing for the

respondent argued that a loan of Rs.80,00,000/- was

taken by the petitioner on 16.12.2017 for a term of 72

months. The repayment was by instalments of

Rs.1,30,784/- per month. The petitioner defaulted in

payment of instalments and hence the loan was declared

as non-performing asset on 31.01.2020. It is further

argued that notice of possession has been issued by

the respondent under the SARFAESI Act and the

physical possession of the secured property, as per WP(C) NO. 15237 OF 2021

the order passed by the learned Chief Judicial

Magistrate, is going to be taken on 05.08.2021.

4. The learned counsel for the respondent further

argued that if the petitioner pays an amount of

Rs.5,00,000/- out of the total overdue amount of

Rs.20,71,877/- and subsequently deposits the overdue

amount in 6 to 7 monthly instalments, then the

respondent shall consider regularisation of the loan

account of the petitioner.

5. At this stage, the learned counsel for the

petitioner submits that 10 instalments be granted to

the petitioner for clearing the over due amount.

6. In view of the facts and circumstances of the

instant case and as the respondent is willing to grant

facility of instalments to the petitioner for clearing

the over due amount, the petition is ordered as under:

7. The petitioner shall pay an amount of

Rs.5,00,000/- (Rupees Five lakhs only) on or before

05.08.2021 to the respondent and he shall clear the

balance overdue amount with interest and other

charges, if any, in 10 equated successive monthly WP(C) NO. 15237 OF 2021

instalments commencing from 06.09.2021. In addition,

the petitioner shall also pay the EMIs regularly.

8. If the petitioner complies with this order,

then the respondents shall not continue with coercive

action under the SAFAESI Act.

A single default by the petitioner will entail the

respondents to continue with the action under the

SARFAESI Act. No further extension of time for

compliance of this order shall be granted to the

petitioner. Petitioner shall not create any third

party interest over the property.

Sd/-

A.M. BADAR JUDGE rkc WP(C) NO. 15237 OF 2021

APPENDIX OF WP(C) 15237/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUECOPY OF THE PROSSESSION NOTICE DATED 21/01/2021 ISSUED BY THE RESPONDENT.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 22/07/2021 ISSUED BY THE ADVOCATE COMMISSIONER ALONG WITH THE ENGLISH TRANSLATION.