P.K. Krishnan vs The Payangadi Urban Co-Operative ...
2022 Latest Caselaw 7153 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                          WP(C) NO. 27988 OF 2021
PETITIONER:


              P.K. KRISHNAN,
              SON OF ECHARAN, PADINHARE KATTIL HOUSE, VADIKKALKADAVU,
              MADAYI P.O., KANNUR DISTRICT, PIN - 670 304.

              BY ADVS.
              C.MURALIKRISHNAN (PAYYANUR)
              ABRAHAM GEORGE JACOB
              AKSHAY R


RESPONDENTS:


     1        THE PAYANGADI URBAN CO-OPERATIVE BANK LTD (REG. NO.
              C.975/RBI/UBD/KR/430P), HEAD OFFICE BUILDING, PAYANGADI,
              KANNUR DISTRICT, P.O. PAYANGADI R.S., REPRESENTED BY ITS
              GENERAL MANAGER, PIN-670358.

     2        AUTHORISED OFFICER,
              PAYANGADI URBAN CO-OPERATIVE BANK LTD, HEAD OFFICE
              BUILDING, HEAD OFFICE, PAYANGADI R.S.,
              KANNUR DISTRICT, PIN - 670 358.

     3        THE BRANCH MANAGER,
              MAIN BRANCH, PAYANGADI R.S., KANNUR DISTRICT,
              PIN - 670 358.

     4        THE BOARD OF MANAGEMENT   OF THE PAYANGADI
              URBAN CO-OPERATIVE BANK   LTD, HEAD OFFICE BUILDING,
              HEAD OFFICE, PAYANGADI,   KANNUR DISTRICT, P.O.PAYANGADI
              R.S, REPRESENTED BY ITS   CHAIRMAN, PIN-670 358.

     5        JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
              KANNUR, THAVAKKARA, P.O. THAVAKKARA, KANNUR DISTRICT,
              PIN - 670 002.
 WP(C) NO. 27988 OF 2021

                                    2



     6          RESERVE BANK OF INDIA,
                NEW CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH
                ROAD, FORT, MUMBAI, MAHARASHTRA - 400 001,
                REPRESENTED BY ITS GOVERNOR.

                BY ADV LIJIN THAMBAN

                ADV. DR. THUSHARA JAMES (SR GP)


         THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   23.06.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 27988 OF 2021

                                3




                          JUDGMENT

Having regard to the nature of the contentions taken in

this writ petition, I am of the view that it is for the petitioner

to approach the Debts Recovery Tribunal for relief because

several disputed questions of fact are involved.

2. The learned counsel for the petitioner states that

this writ petition was filed before this Court on 06.12.2021

and has been pending before this Court till today

(23.06.2022). He states that in order to enable the petitioner

to approach the Tribunal, the period during which this writ

petition was pending before this Court may be excluded in

computing the period of limitation.

3. Having heard the learned Standing Counsel for the

respondent Bank also, I am of the opinion that the petitioner

can be relegated to avail the remedy under Section 17 of the

SARFAESI Act before the Debts Recovery Tribunal, making it

clear that in computing the period of limitation, the period

from 06.12.2021 till today (23.06.2022) shall be excluded.

Considering the fact that there has been an interim order of WP(C) NO. 27988 OF 2021

this Court preventing coercive action against the petitioner

from the month of December 2021, it is directed that the

interim protection granted to the petitioner shall continue for

a period of one month to enable the petitioner to obtain

appropriate reliefs from the Debts Recovery Tribunal. I make it

clear that I have not expressed any opinion on the merits of

the petitioner's contentions and it will be open to the Tribunal

to consider the matter in accordance with law, untrammeled

by any order passed by this Court or any observation made

by by this Court.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 27988 OF 2021

APPENDIX OF WP(C) 27988/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF DEMAND NOTICE DATED13/08/2020 IN RESPECT OF LOAN NO. HLM-5 ISSUED BY 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 13/08/2020 IN RESPECT OF LOAN NO. MLEMI-48 ISSUED BY 2ND RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE REPLY/OBJECTION DATED 29/09/2020 SUBMITTED BY PETITIONER THROUGH HIS LAWYER MR. K.

KUTTIKRISHNAN ALONG WITH POSTAL ACKNOWLEDGMENT CARD.

Exhibit P4 TRUE COPY OF THE REPLY DATED 16/11/2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE PETITION IN CMP 1423/2021 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANUR.

Exhibit P6 TRUE COPY OF THE ORDER DATED 23/10/2021 PASSED BY CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY IN CMP NO. 2776/2021.

Exhibit P7 TRUE COPY OF THE PETITION DATED 13/10/2021 IN CMP NO. 2776/2021 FILED THEREIN BY THE SECOND RESPONDENT.

Exhibit P8 TRUE COPY OF THE AFFIDAVIT DATED 13/10/2021 FILED THEREIN BY THE SECOND RESPONDENT.

WP(C) NO. 27988 OF 2021

Exhibit P9 TRUE COPY OF THE INCOME CERTIFICATE NO. 45703393 DATED 07/02/2020 ISSUED BY THE VILLAGE OFFICER MADAYI VILLAGE TO THE PETITIONER.

Exhibit P10 REPRESENTATION SUBMITTED TO THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) DATED 03/12/2021.

Exhibit P11 REPRESENTATION SUBMITTED TO THE GOVERNOR, RESERVE BANK OF INDIA DATED 03/12/2021.

TRUE COPY OF THE PASSBOOK ISSUED BY FISHERIES OFFICER, KERALA FISHERMEN Exhibit P12 WELFARE FUND BOARD, PUTHIYANGADI, P.O. MADAI TO THE PETITIONER.

TRUE COPY OF THE NOTICE DATED 01-12- Exhibit P13 2017 ISSUED BY THE 3RD RESPONDENT BRANCH MANAGER TO THE PETITIONER.

TRUE COPY OF THE COVERING PAGE OF THE CHEQUE BOOK CONTAINING CHEQUES NOS. Exhibit P14 101691 TO 101700 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER IN SB ACCOUNT NO.1013548

RESPONDENT EXHIBITS

Exhibit R1(a) TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 13/8/2020

Exhibit R1(b) TRUE COPY OF THE REPLY ISSUED BY THE AUTHORISED OFFICER OF THE 1ST RESPONDENT DATED 16/11/2020

Exhibit R1(c) TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE LEGAL SERVICE AUTHORITY, THALASSERY DATED 16/11/2020

Exhibit R1(D) A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER WP(C) NO. 27988 OF 2021

Exhibit R1(e) A TRUE COPY OF THE LOAN TRANSFER VOUCHER OF RS.40 LAKHS DATED 16/12/2017

Exhibit R1(f) TRUE COPY OF CHALAN NO.726397 TRANSFERRING RS.40 LAKHS TO THE SB ACCOUNT OF THE PETITIONER DATED 16/12/2017

Exhibit R1(g) A TRUE COPY OF THE TRANSFER VOUCHER OF RS.29,96,674/- LAKHS TO THE LOAN ACCOUNT NO.SML328 OF THE PETITIONER DATED 16/12/2017

Exhibit R1(H) A TRUE COPY OF THE CHALAN NO.726390 OF RS.29,96,674/- TRANSFERRED TO LOAN ACCOUNT

Exhibit R1(I) A TRUE COPY OF THE WITHDRAWAL SLIP OF RS.10 LAKHS DATED 16/12/2017 OF THE PETITIONER

Exhibit R1(J) THE DEPOSIT LEDGER REPORTS FROM 1/12/2017 TO 4/6/2022

Exhibit R1(K) A TRUE COPY OF THE REPAYMENT DETAILS OF THE PETITIONER FROM 16/12/2017 TO 9/9/2019

Exhibit R1(L) TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 9/9/2019

Exhibit R1(M) A TRUE COPY OF THE TRANSFER VOUCHER DATED 9/9/2019

Exhibit R1(N) A TRUE COPY OF THE CHALAN NO.803841 TRANSFERRING RS.10 LAKHS TO THE SB ACCOUNT OF THE PETITIONER DATED 9/9/2019

Exhibit R1(o) A TRUE COPY OF THE CHEQUE BEARING NO."017311" DATED 9/9/2019 WP(C) NO. 27988 OF 2021

Exhibit R1(p) A TRUE COPY OF THE CHALAN NO.803894 TRANSFERRING RS.3,27,000/- DATED 9/9/2019

Exhibit R1(q) A TRUE COPY OF THE CHALAN NO.803844 TRANSFERRING RS.25,000/- DATED 9/9/2019

Exhibit R1(r) A TRUE COPY OF THE PROCESSING CHARGE RECEIPT OF THE LOANS DATED 9/9/2019

Exhibit R1(s) A TRUE COPY OF THE PROCESSING CHARGE RECEIPT OF THE LOANS DATED 6/12/2017