M/S.Kenwood Packers vs Canara Bank
2021 Latest Caselaw 9875 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.6728 OF 2021(M)


PETITIONERS:

      1        M/S.KENWOOD PACKERS
               REPRESENTED BY PROPRIETOR A.K. ASLAM, AGED 52 YEARS,
               S/O. K.P.M. ABOOBECKER, OPPOSITE TO K.E. SCHOOL,
               MANNANAM, KOTTAYAM-686 561.

      2        A.K.ASLAM
               AGED 52 YEARS
               S/O. K.P.M. ABOOBECKER, AMAN VEEDU, AMALAGIRI P.O.,
               MANNANAM KARA, KOTTAYAM-686 562.

      3        JESNA ASLAM
               AGED 45 YEARS
               W/O. A.K.ASLAM, AMAN VEEDU, AMALAGIRI P.O.,
               MANNANAM KARA, KOTTAYAM-686 562.

               BY ADVS.
               SMT.JEENA JOSEPH
               SRI.G.DAMODARA PANICKER

RESPONDENT:

               CANARA BANK
               KOTTAYAM K.K. ROAD, MAIN BRANCH, KMC IX/560,
               P.B.BOX.122, K.K.ROAD, KOTTAYAM-686 001, KERALA,
               REPRESENTED BY CHIEF MANAGER CANARA BANK, KOTTAYAM,
               K.K.ROAD MAIN BRANCH.


               BY SRI.M.GOPIKRISHNAN NAMBIAR, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.6728/2021                   2


                                 JUDGMENT

Dated this the 24th day of March 2021

Heard both sides.

2. The petitioners had availed five loans from the

respondent-Bank and has committed default in repayment of

those loans. Learned counsel for the petitioners submits that the

petitioners could not avail the benefit of One Time Settlement

granted by the respondent-Bank but now they want to discharge

the liability towards loan by instalments.

3. Learned Standing Counsel appearing for the respondent-

Bank opposed the writ petition by contending that the

outstanding amount as of now is about Rs.89,29,019.20/- and

the petitioners had failed to avail the benefit of OTS granted by

the Bank.

4. I have considered the submissions so advanced. The

petitioners are challenging the notice at Ext.P6 issued by the

respondent-Bank under the provisions of the SARFAESI Act. It is

seen that on earlier occasion, vide communication dated

16.12.2020, Ext.P5, the respondent-Bank has granted the benefit

of OTS to the petitioners. However, the petitioners had not

availed the same and they are now seeking instalments. The

grant of instalments for regularisation of loans is the province of

the financial institute granting loan to the petitioners. This Court

cannot interfere in such contract in writ jurisdiction. The action

impugned in the instant writ petition is taken by the respondent-

Bank under the SARFAESI Act and in the light of the judgment of

the Hon'ble Apex Court in the matter of Authorized Officer,

State Bank of Travancore and another vs. Mathew K.C

reported in 2018 (1) KLT 784, this Court cannot interfere in

such action.

This writ petition is devoid of merit and the same is

accordingly dismissed. Needless to mention that the petitioners

may avail alternate remedy available to them.

Sd/-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE NOTICE DATED 22.10.2019 ISSUED BY THE RESPONDENT TO THE PETITIONERS.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE NOTICE DATED 22.10.2019 ISSUED BY THE RESPONDENT TO THE PETITIONERS.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE CANARA BANK DATED 29.3.2019.

EXHIBIT P4 A TYPED PHOTOCOPY OF THE APPLICATION PREFERRED BY THE PETITIONER DATED 3.12.2020.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE BANK TO THE PETITIONERS DATED 16.12.2020 SANCTIONING ONE TIME SETTLEMENT.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE ADVOCATE COMMISSIONERS NOTICE ISSUED TO THE PETITIONERS DATED 9.3.2021.

EXHIBIT P7 A TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE RESPONDENT TO THE 3RD PETITIONER ON 17.2.2021.

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp