Abdul Khader M vs Kerala State Co-Operative Bank ...
2021 Latest Caselaw 7244 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.3383 OF 2021(W)


PETITIONERS:

      1        ABDUL KHADER M.,
               AGED 42 YEARS,
               S/O MAMMED,
               MELAKATH MANNANKANDI HOUSE,
               PERUMUGAM P.O., KOZHIKODE-673 631.

      2        MAMMED,
               S/O MOIDEENKUTTY,
               MELAKATH MANNANKANDI HOUSE,
               PERUMUGAM P.O., KOZHIKODE-673 631.

               BY ADV. SRI.E.NARAYANAN

RESPONDENTS:

      1        KERALA STATE CO-OPERATIVE BANK LTD.,
               REPRESENTED BY ITS MANAGER,
               KALLAI BRANCH, KOZHIKODE-673 002.

      2        THE KERALA STATE CO-OPERATIVE BANK LTD.,
               RECOVERY SECTION,
               REPRESENTED BY ITS AUTHORISED OFFICER,
               KALLAI BRANCH, KOZHIKODE-673 002.

      3        THE AUTHORIZED OFFICER,
               THE KERALA STATE CO-OPERATIVE BANK LTD.,
               KALLAI BRANCH, KOZHIKODE-673 002.

               R1-3 BY SRI. P.C.SASIDHARAN,   SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3383 OF 2021

                                        2




                                  JUDGMENT

Dated this the 2nd day of March 2021

Heard both sides.

2. The learned counsel for the petitioners

argues that the matter may be sent for mediation,

according to the prayer made in the instant

petition, so that the petitioner can convince the

respondent bank in the matter of financial

assistance taken by him. It is further argued that

the petitioner is desirous of clearing the arrears

in instalments.

3. The learned Standing Counsel for the

respondents opposed this prayer by contending that

in the month of May 2017, financial assistance of

Rs.13,00,000/- (Rupees Thirteen Lakhs Only) was

taken by the petitioners. But they failed to repay

the said amount as per the schedule. It is further

argued that the term of the loan is already over in

May 2020, and the outstanding amount is about WP(C).No.3383 OF 2021

Rs.17,28,488/-(Rupees Seventeen Lakhs Twenty Eight

Thousand Four Hundred and Eighty Eight Only).

According to the respondents, demand notice under

the SARFAESI Act was issued on 15-10-2020 and

symbolic possession was taken on 16-01-2021. The

learned Standing Counsel for the respondents, on

instructions, submits that the respondents are not

willing to accept the outstanding dues in

instalments.

4. I have considered the submissions advanced.

The transaction between the petitioners and the

respondents is a contractual matter. The

petitioners were already having instalments for

repayment of financial assistance taken by them.

Now that, on expiry of the term of the financial

assistance availed by the petitioners, there is no

question of instalments. What is their case is

regularization of the outstanding dues towards the

loan taken by the petitioners. The regularization

of loan is in the realm of the powers of the

respondents. This Court cannot force the WP(C).No.3383 OF 2021

respondents to regularize the loan taken by the

petitioners and that too, after expiry of its term.

In the similar way, there cannot be a writ directing

the respondents to go for a mediation, when the

respondents are not willing to go for the same in

this contractual matter.

In this view of the matter, the petition

cannot be entertained, particularly when the term

of the loan is over and the proceedings initiated

under the SARFAESI Act are indirectly sought to be

challenged in the instant petition, has reached up

to the stage of taking possession.

The petition, therefore, is dismissed.

Sd/-

A.M.BADAR JUDGE

SSK/02/03 //TRUE COPY// PA TO JUDGE WP(C).No.3383 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF NOTICE DATED 16.01.2021 ISSUED BY THE BANK UNDER THE PROVISIONS OF THE SARFAESI ACT AND ENGLISH TRANSLATION OF THE SAME.

RESPONDENT'S EXHIBITS:NIL


SSK                      //TRUE COPY//           PA TO JUDGE