Barnett Associates vs Authorised Officer/Chief ...
2022 Latest Caselaw 6621 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                         WP(C) NO. 23019 OF 2021
PETITIONER:

              BARNETT ASSOCIATES
              BARNETT BUILDINGS, THAVALAKUZHY, ETTUMANOOR,
              KOTTAYAM-686 631, REPRESENTED BY ITS PROPRIETOR,
              K.J.RAJU, AGED 59 YEARS, S/O. K.J. JOSEPH.

              BY ADVS.
              PEEYUS A.KOTTAM
              HRITHWIK D. NAMBOOTHIRI


RESPONDENTS:

     1        AUTHORISED OFFICER/CHIEF MANAGER
              STATE BANK OF INDIA, KOTTAYAM BRANCH, PIN-686 001.

     2        STRESSED ASSETS RECOVERY MANAGER
              STATE BANK OF INDIA, VANKARATH TOWRS, 7TH FLOOR,
              PALARIVATTOM, BYEPASS JUNCTION, ERNAKULAM-682 024,
              REPRESENTED BY ITS ASSISTANT GENERAL MANAGER.

     3        STATE BANK OF INDIA
              SME BRANCH, 2ND FLOOR, PARAYKKAL BUILDING, LAL BAHADOOR
              SASTHRI ROAD, KOTTAYAM-686 001 REPRESENTED BY ITS CHIEF
              MANAGER.

              BY ADV S.EASWARAN-R3


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23019 OF 2021

                                     2




                                  JUDGMENT

Dated this the 9th day of June, 2022

The writ petition was filed seeking to command the

respondent-Bank to regularise the petitioner's loan account by

allowing him to remit the entire interest arrears outstanding till this

day.

2. The learned counsel for the petitioner urged all the

grounds raised in the writ petition and contended that the

classification of accounts by the Bank authorities was not in

accordance with the guidelines given by the Reserve Bank of

India. The mandatory guidelines of the Reserve Bank of India,

which have statutory force, have been violated. In the

circumstances, this Court is compellable to interfere in the matter.

3. The learned Standing Counsel for the respondent-Bank

stoutly denied the allegations and pointed out that if the Reserve

Bank of India guidelines are violated in the matter of classification

of accounts, the appropriate forum for adjudication of the said WP(C) NO. 23019 OF 2021

dispute will be the Debt Recovery Tribunal. Such disputed issues

involving questions of fact cannot be entertained in a writ petition

under Article 226 of the Constitution of India.

4. After arguing the matter at length, the learned counsel

for the petitioner submitted that the petitioner may be permitted to

raise all the grievances urged in this writ petition by the petitioner,

before the DRT. The petitioner also submitted that the petitioner is

ready and willing to clear all the arrears, if a breathing time is

given.

In view of the above, this writ petition is disposed of without

granting any relief to the petitioner, but at the same time permitting

the petitioner to approach the DRT. The petitioner will be at liberty

to urge all the points raised in this writ petition before the DRT.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 23019 OF 2021

APPENDIX OF WP(C) 23019/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 30.7.2021 TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 12.8.2021.

Exhibit P3 TRUE COPY OF THE BANK STATEMENT DATED 19.10.2021 IN LOAN ACCOUNT NO.67304734860 FOR RS.3,83,000/-.

Exhibit P4 TRUE COPY OF THE BANK STATEMENT DATED 19.10.2021 IN LOAN ACCOUNT NO.67247787894 FOR AN AMOUNT OF RS.88,000/-.

Exhibit P5 TRUE COPY OF THE BANK STATEMENT DATED 19.10.2021 SHOWING REMITTANCE OF AN AMOUNT OF RS.1,30,000/- TO THE LOAN ACCOUNT NO.39371027851/-

Exhibit P6 TRUE COPY OF THE LETTER SENT BY THE 3RD RESPONDENT BANK TO THE PETITIONER DATED 22.9.2021.

Exhibit P7 TRUE COPY OF THE CIRCULAR NO.RBI/2015-

16/338 FIDD.MSME & NFS.BC.NO.21/06.12.31/2015-16 DATED 17.03.2016 Exhibit P8 THE TRUE COPY OF THE TENDER AWARDED NO.KWA/DB/WSPMVK/16299/2021-22 DATED 07/10/2021 Exhibit P9 THE TRUE COPY OF THE TENDER AWARDED NO.PDK/DB/1328/2021-22 DATED 31/01/2022 FOR RS.39,97,717/-(RUPEES THIRTY NINE LAKH NINETY SEVEN THOUSAND SEVEN HUNDRED SEVENTEEN ONLY) Exhibit P10 THE TRUE COPY OF THE NOTICE FOR SALE OF IMMOVABLE PROPERTY DATED 13/5/2022 ISSUED BY THE RESPONDENT BANK.

RESPONDENT'S/S EXHIBITS : NIL