Praveen P.P vs The Kerala State Co-Operative ...
2022 Latest Caselaw 12087 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                      WP(C) NO. 42021 OF 2022
    AGAINST THE ORDER DATED 09-12-2022 IN MC 454/2022 OF CHIEF
                   JUDICIAL MAGISTRATE ,THRISSUR
PETITIONER:

          PRAVEEN P.P
          AGED 39 YEARS, S/O PARAMESWARAN,
          PUTHEZHATHU HOUSE, LOKAMALESWARAM DESOM,
          LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK,
          THRISSUR DISTRICT, PIN - 680 664.

          BY ADV ARAVIND GHOSH



RESPONDENT:

          THE KERALA STATE CO-OPERATIVE BANK LIMITED
          HEAD OFFICE AT KOVILAKATHUPADAM, THRISSUR.
          REPRESENTED BY ITS AUTHORISED OFFICER,
          GRACY C.A., KOMBAN HOUSE, PULLAZHI VILLAGE,
          ELTHURUTH.P.O., THRISSUR, PIN - 680 611.

          BY ADV P.C.SASIDHARAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.42021/2022                        2



                                 JUDGMENT

Petitioner has approached this Court challenging

proceedings initiated against the petitioner under the

provisions of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act

(SARFAESI Act), to recover amounts due under credit

facilities availed by the petitioner form the respondent Bank.

2. The record of the case shows that the petitioner had

earlier filed W.P.(C)No.23262/2017, which was disposed of by

Ext.P1 judgment, permitting the petitioner to remit the then

overdue amount of Rs.12,12,920/-, together with accrued

interest and costs in 10 equal monthly installments along with

regular EMI's. The petitioner has no case that he had

complied with the directions contained in Ext.P1 judgment

even in part. Presently it is the case of the petitioner that the

proceedings may be kept in abeyance to permit the petitioner

to sell the property covered by Ext.P3 Will Deed and to settle

the liability with the Bank.

3. The learned counsel appearing for the respondent

Bank submits that there is absolutely no bonafides in the

submission now made. It is submitted that from 2017 till

2022, the petitioner has not made any substantial payment

towards the loan liability and the present overdue amount

itself is approximately Rs.53 Lakh. It is submitted that the

total liability is approximately Rs.74 Lakh. It is submitted

that the person who showed no bonafide for the past five

years, cannot be permitted to contend that he will settle the

liability by selling the property covered by Ext.P3 deed.

4. Having heard the learned counsel for the petitioner

and the learned counsel appearing for the respondent Bank, I

am of the view that the petitioner has not made out any case

for interference with the proceedings under Article 226 of the

Constitution of India. On a pointed question from this Court

as to whether the petitioner is willing to remit atleast

Rs.20 Lakh, as a condition for deferring the taking of physical

possession, leaned counsel for the petitioner states that the

petitioner has no means to pay Rs.20 Lakh presently and the

only way to settle the liability is by selling the property

covered by Ext.P3 deed.

5. This Court exercises very limited jurisdiction in

matters arising under the SARFAESI Act and therefore in the

above fact circumstances, it could not be proper to grant any

relief to the petitioner. This writ petition fails and is

accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 42021/2022

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA IN WP(C) NO.23262/2017 DATED 24/07/2017

Exhibit-P2 TRUE COPY OF THE DEMAND POSSESSION NOTICE OF THE ADVOCATE COMMISSIONER DATED 9/12/2022

Exhibit-P3 TRUE COPY OF THE WILL DEED NO.53/1984 OF SRO KODUNGALLOOR DATED 1/12/1984

Exhibit-P4 TRUE COPY OF TAX RECEIPT ISSUED FROM LOKAMALESWARAM VILLAGE DATED 20/12/2022