Mubarak T.P vs The Chief Manager - Maintenance
2022 Latest Caselaw 11267 Ker

Citation : 2022 Latest Caselaw 11267 Ker
Judgement Date : 2 December, 2022

Kerala High Court

Mubarak T.P vs The Chief Manager - Maintenance on 2 December, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                        WP(C) NO. 32768 OF 2022
PETITIONER:

          MUBARAK T.P.,
          AGED 34 YEARS
          SON OF KUNHIMON T.P., , T.P. HOUSE, EDAKKADAPPURAM,
          TANUR P.O., MALAPPURAM, REPRESENTED BY POWER OF
          ATTORNEY HOLDER, SHANAVAS, S/O ASSAIANHAJI, CHEEMBALIL
          HOUSE, CHEERAN KADAPPURAM, PUTHIYAKADAPPURAM P.O.,
          MALAPPURAM., PIN - 676302

          BY ADVS.
          I.DINESH MENON
          L.RAJESH NARAYAN


RESPONDENTS:

    1     THE CHIEF MANAGER - MAINTENANCE
          STATE BANK OF INDIA, RASMEC, MAPPURAM P.O.,
          MALAPPURAM., PIN - 676505

    2     THE BRANCH MANAGER
          STATE BANK OF INDIA, TANUR BRANCH,
          MALAPPURAM., PIN - 676302.


OTHER PRESENT:

          ADV. JAYESH MOHAN KUMAR (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.32768/2022                       -2-

                                   JUDGMENT

The petitioner availed a credit facility under the scheme known as Electronic

Dealer Finance Scheme (e-DFS). Under the terms of the said scheme, the petitioner

was permitted to operate a petrol pump and to purchase stocks from the Hindustan

Petroleum Ltd (HPCL), under the provisions of the said scheme the bank has to tie-

up with HPCL, under the e-DFS (Electronic Dealer Finance Scheme), wherein the

bank enters a Tri-partite agreement with HPCL and the Customer. The scheme

provides that funds can be transferred from the customer account to HPCL, (even

on holidays) against which the customer is supplied with fuel for the day-to-day

operation of the petrol pump. As per the agreement, HPCL would stop the supply in

case of default and will support the Bank in facilitating the recovery of the dues.

Moreover, any dues to the Dealer will be passed on to the bank by HPCL after

settling the dues owned to HPCL.

2. It is not in dispute that the petitioner committed default in repayment

of amounts due to the respondent bank, as a result of which certain proceedings

have been initiated and Ext.P1 notice was issued, prompting the petitioner to file

this writ petition.

3. When this matter came up for consideration today, it is the submission

of the learned counsel appearing for the petitioner that after giving credit to the

amount already paid by the petitioner in terms of the directions issued by this court

from time to time, the balance outstanding will be approximately Rs.45,00,000/-

and the petitioner is willing to clear the liability in installments.

4. The learned counsel appearing for the respondent bank refers to the

statement filed in this court and submits that the petitioner is clearly not entitled to

any relief from this court. It is submitted that no proceedings have been issued thus

far under the provisions of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act and this writ petition is therefore

not maintainable. It is submitted that notwithstanding the above fact if the

petitioner is willing to settle the liability in installments, the bank has no objection

in accepting payment. It is submitted that the petitioner may not be given any

installment beyond 31-02-2023. The learned counsel also points out that as on

19-11-2022 the outstanding amount is Rs.45,60,489/-.

5. The learned counsel for the petitioner states that considering the fact

the amount is in excess of Rs.45,00,000/-, the petitioner may be given at least

seven installments to clear the liability.

6. Having regard to the aforesaid facts and circumstances of the case and

considering the submissions of both sides, I am of the opinion that this writ petition

can be disposed of directing the respondent bank to accept repayment of the entire

outstanding amount of Rs.45,60,489/- along with bank charges from the petitioner

on the following conditions:

(i) The outstanding amount of Rs.45,60,489/- together with any accrued interest/costs shall be repaid in seven (7) equated monthly instalments.

(ii) The first instalment shall be paid on or before 30-12-2022 and subsequent instalments shall be paid on or before 30 th of every succeeding month.