Shanavas V.P vs State Of Kerala
2022 Latest Caselaw 1583 Ker

Citation : 2022 Latest Caselaw 1583 Ker
Judgement Date : 15 February, 2022

Kerala High Court

Shanavas V.P vs State Of Kerala on 15 February, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                        WP(C) NO. 4334 OF 2022
PETITIONER:

          SHANAVAS V.P.,
          AGED 47 YEARS,
          S/O. SHOUKATHALI,
          VALIYAPEEDIKAKKAL HOUSE,
          POOKOTTUMPADAM POST, AMARAMBALAM,
          NILAMBUR TALUK,
          MALAPPURAM DISTRICT - 679332.

          BY ADV E.C.AHAMED FAZIL


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE, SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     THE DISTRICT COLLECTOR, MALAPPURAM,
          CIVIL STATION,
          MALAPPURAM - 676505.

    3     THE DEPUTY COLLECTOR (RR),
          MALAPPURAM, CIVIL STATION,
          MALAPPURAM - 676505.

    4     THE DEPUTY TAHSILDAR (RR),
          NILAMBUR, MINI-CIVIL STATION,
          NILAMBUR, MALAPPURAM -679329.

    5     CANARA BANK, WANDOOR BRANCH
          BUSHRA BUILDING, MANJERI-WANDOOR ROAD,
          WANDOOR MALAPPURAM DISTRICT, - 676552,
          REPRESENTED BY ITS AUTHORIZED OFFICER.

          BY ADV. SHRI.M.GOPIKRISHNAN NAMBIAR, SC, CANARA BANK
          SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.4334/2022

                                    2




                           JUDGMENT

Dated this the 15th day of February, 2022

The petitioner, who has availed financial

assistance from the 5th respondent-Bank, is before this Court

seeking to quash Ext.P3 and to permit the petitioner to pay

the amount due in 60 equal monthly instalments.

2. The petitioner states that the petitioner availed an

MSME loan for ₹25,00,000/- towards establishment and

development of a proprietary concern, namely "RIGHT

VISION" engaged in lights and sound renting business, in the

year 2017. The advance was availed from the 5 th

respondent-Bank. Due to Covid-19 pandemic and

consequential issues, the petitioner could not remit the

monthly instalments promptly. Consequently, the loan WP(C)No.4334/2022

account fell into arrears. The 5th respondent initiated coercive

proceedings as evidenced by Exts.P2 and P3. Aggrieved by

the coercive proceedings now initiated by the 5 th respondent,

the petitioner is before this Court.

3. The learned Standing Counsel for the 5 th

respondent entered appearance and submitted that the total

outstanding amount of the petitioner is above ₹38 lakhs. The

petitioner has consistently defaulted in making monthly

payments and therefore the 5th respondent was forced to take

recovery proceedings. Accordingly, Ext.P2 Possession Notice

was issued to the petitioner invoking the SARFAESI Act,

2002. Ext.P3 attachment was also made against the

petitioner. The action of the 5th respondent is perfectly legal.

4. I have heard the counsel for the petitioner and the

Standing Counsel representing the 5th respondent.

5. Hearing the arguments raised on either side, it

appears that though the petitioner had availed advance, the WP(C)No.4334/2022

petitioner was earnestly making repayment for some time

and due to Covid-19 pandemic, there occurred some defaults

on the part of the petitioner in making remittances. The

learned Standing Counsel for the 5 th respondent submits that

the overdue amount payable by the petitioner would come to

₹11,69,081/-. This Court is of the view that the petitioner

should be given a reasonable opportunity to clear off the

overdue amount.

In the circumstances, the writ petition is disposed

of with the following directions:

i) The petitioner shall remit an amount of ₹2,00,000/-

within a period of one month from today.

ii) The balance overdue amount along with accruing

interest shall be paid in ten equal monthly instalments

thereafter, along with the regular monthly instalments.

iii) If the petitioner commits two consecutive defaults

respondents will be at liberty to proceed against the petitioner

in accordance with law.

Sd/-

APPENDIX OF WP(C) 4334/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF PASSBOOK OF PETITIONER HEREIN ISSUED FROM CANARA BANK, WANDOOR BRANCH Exhibit P2 TRUE COPY OF POSSESSION NOTICE DATED 02.12.2021 ISSUED BY CANARA BANK, WANDORR BRANCH TO PETITIONER Exhibit P3 TRUE COPY OF DEMAND NOTICE RRC NO.

2021/3287/10 DATED 29.01.2022 ISSUED BY THE DEPUTY TAHSILDAR, NILAMBUR TO PETITIONER.