Muhammed Jamsheed T.T vs State Of Kerala
2022 Latest Caselaw 6387 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                       WP(C) NO. 17357 OF 2022
PETITIONER:

            MUHAMMED JAMSHEED T.T.,
            AGED 33 YEARS, S/O. ABOOBACKER T.T.,
            THARAKANTHODI HOUSE, CHETHALLUR, VELAKKUNNU,
            THACHANATTUKARA II, PALAKKAD-678583.
            BY ADVS.
            MANSOOR.B.H.
            SAKEENA BEEGUM


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY ITS PRINCIPAL SECRETARY,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.
    2       DEPUTY TAHSILDAR,
            MANNARKKAD TALUK OFFICE, MANNARKKAD, PALAKKAD.
    3       THE VILLAGE OFFICER,
            THACHANATTUKKARA II VILLAGE OFFICE,
            PALAKKAD-678554.
    4       THE MANAGER,
            UCO BANK, PERINTHALMANNA BRANCH, V.K. COMPLEX,
            MANNARKKAD ROAD, MALAPPURAM-679322.
    5       AUTHORISED OFFICER,
            UCO BANK, PERINTHALMANNA BRANCH, V.K. COMPLEX,
            MANNARKKAD ROAD, MALAPPURAM -679322.

OTHER PRESENT:

            SRI. H RAMANAN (SC)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.17357/2022
                                  -:2:-

                           JUDGMENT

Petitioner has approached this Court challenging

proceedings initiated under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act (SARFAESI Act) for recovery of the

amounts due upon a loan availed by the petitioner.

2. During the course of hearing, petitioner has

confined the relief to an opportunity for repaying the

outstanding amount in installments.

3. It was submitted on behalf of the respondent bank

that the petitioner committed default in repayment and the

outstanding amount is Rs.17,85,000/-(Rupees Seventeen

Lakhs Eighty Five Only). It was further submitted that

though proceedings for recovery have been initiated, as a

matter of indulgence, the respondent bank is willing to

accept repayment of the outstanding amount in limited

installments.

4. I have heard Adv.B.H Mansoor, learned counsel for

the petitioner as well as Adv.H.Ramanan, the learned

Standing Counsel for the respondents. W.P.(C) No.17357/2022

5. Having regard to the circumstances of the case and

the situation now prevailing, apart from the submissions

made as recorded above, I am of the view that the

petitioner can be granted an opportunity to repay the

outstanding amount in 15 installments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire

outstanding amount of Rs.17,85,000/-(Rupees Seventeen

Lakhs Eighty Five Only) along with further interest and

charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.17,85,000/-(Rupees

Seventeen Lakhs Eighty Five Only) together with any

accrued interest/costs shall be repaid in 15 equated

monthly installments.

(ii) The first installment shall be paid on or

before 10-07-2022. The subsequent installments shall be

paid on or before the last working day of the succeeding

months.

W.P.(C) No.17357/2022

(iii) In the event of default of any one installment, the

respondent bank shall be entitled to proceed in accordance

with law.

(iv) In order to enable the petitioner to repay the

entire amounts, all coercive proceedings shall be kept in

abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE

ats W.P.(C) No.17357/2022

APPENDIX OF WP(C) 17357/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 20/12/2021 HEARING RRC NO.2021/2767/10 ISSUED BY THE SECOND RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER DATED 7/5/2022 HEARING FILE NO.2021/2767/10/1/H1(REV) ISSUED BY THE FIRST RESPONDENT.

Exhibit P3 TRUE COPY OF THE ACCOUNT STATEMENT ISSUED BY THE FOURTH RESPONDENT.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE FIFTH RESPONDENT UNDER SEC 13 (4) UNDER SARFAESI ACT.