Sijeeshkumar vs Sijeeshkumar
2021 Latest Caselaw 8088 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                   &

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                           WA.No.390 OF 2021

 AGAINST THE JUDGMENT IN WP(C) 2147/2021 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS:

             SIJEESHKUMAR,
             AGED 37 YEARS, S/O.KUMARAN,
             NELLAKATH HOUSE, GURUMANDHIRAM P.O.,
             EDATHIRINJI, THRISSUR-680 122.

             BY ADVS.
             SRI.JOHNSON JOSE PANJIKKARAN
             KUM.P.H.RIMJU

RESPONDENTS/PETITIONERS:

      1      STATE OF KERALA,
             REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2      AUTHORISED OFFICER,
             KERALA STATE CO-OPERATIVE BANK LTD.,
             KOVILKATHUMPADAM, THIRUVAMBADY P.O.,
             THRISSUR-680 022. (ERSTWHILE THRISSUR
             DISTRICT CO-OPERATIVE BANK).

      3      THE BRANCH MANAGER,
             IRINJALAKUDA BRANCH,
             THRISSUR DISTRICT CO-OPERATIVE BANK,
             IRINJALAKUDA-680 121.
             (ERSTWHILE THRISSUR DISTRICT CO-OPERATIVE BANK).

             SMT.JENCY MICHEAL (SC)
             SRI. V.TEK CHAND (SR. GP)

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.390 of 2021
                                         2


                                   JUDGMENT

Dated this the 9th day of March, 2021 S.Manikumar, C.J.

Before the writ court, the petitioner/appellant has sought for the

following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction of the nature of mandamus directing the respondents 2 & 3 not to proceed further in pursuance of Exhibit P2 notice in the light of the interim order dated 07.09.2020 in W.P.C.9400 of 2020 by this Hon'ble court.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction of the nature of mandamus directing the respondent not to proceed further in pursuance of Exhibits P2 notice for a period of twelve months within which time the petitioner intents to pay off the overdue amount in installments, Or in the alternative Issue a writ of mandamus or any other appropriate writ, order or direction of the nature of mandamus directing the respondents to grant 12 equal monthly installments to repay the overdue amount."

2. Adverting to the rival submissions and taking note of the

decisions of the Hon'ble Supreme Court, on matters relating to the

recovery of debt, writ court dismissed the writ petition as hereunder:

"6. What is argued before this Court can be demonstrated before the Debts Recovery Tribunal in the W.A.No.390 of 2021

appropriate proceedings by the petitioner. Therefore, the petition as framed and filed is not maintainable, in the light of alternate remedy of challenging the notice under Section 13(4) of the SARFAESI Act, before the Debts Recovery Tribunal."

Being aggrieved, instant writ appeal is filed.

3. When the matter came up on 24.2.2021, after hearing the

learned counsel for the appellant, we directed learned counsel appearing

for Thrissur District Co-operative Bank, respondent No.3, to get

appropriate instructions.

4. Reverting, on instructions, Mrs.Jency Micheal, learned standing

counsel appearing for the third respondent submitted that the Bank is

prepared to resolve the issue, if the appellant is prepared to pay an

amount of Rs.2,00,000/- immediately and the balance amount in six

equated monthly instalments. Learned standing counsel for the third

respondent submitted that the total amount due as on 20.1.2021 is

Rs.5,57,544/-.

5. Learned counsel for the appellant, at this point of time,

submitted that appellant is prepared to make the payment as put forth

by the learned standing counsel appearing for the third respondent.

6. Accordingly, after hearing the respective counsel, appellant is W.A.No.390 of 2021

directed to pay an amount of Rs.2,00,000/- (Rupees two lakhs only) on

or before 1.4.2021 and the balance amount in six equated monthly

instalments starting from 1.5.2021 and on the corresponding date of the

succeeding months. We make it clear that if any of the instalments

specified above is defaulted by the appellant, the Bank will be at liberty

to take appropriate action in accordance with law.

Writ appeal is disposed of.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv

/TRUE COPY/

P.A. TO JUDGE