Basheer Mohammed Kannu vs Axis Bank Ltd
2022 Latest Caselaw 7934 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
  WEDNESDAY, THE 29TH DAY OF JUNE 2022/8TH ASHADHA, 1944
                 WP(C) NO. 25570 OF 2021


PETITIONER:

         BASHEER MOHAMMED KANNU,
         AGED 69 YEARS, S/O S. MOHAMMED KANNU,
         RESIDING AT R.S. NO.142/2-18, 142/6,
         KAITHAKONAM HOUSE, KAITHAKONAM,
         KATTAKKADA P.O., VEERANKAVU,
         KATTAKADA TALUK,
         THIRUVANANTHAPURAM DISTRICT, PIN-695 572.

         BY ADVS.
         J.R.PREM NAVAZ
         SUMEEN S.
         K.B.MOHANAN

RESPONDENTS:

    1    AXIS BANK LTD. RETAIL ASSET CENTER,
         KARAMANA, 2ND FLOOR, NIHAL COMPLEX,
         THIRUVANANTHAPURAM DISTRICT, PIN-695 002,
         REPRESENTED BY ITS MANAGER.

    2    THE AUTHORISED OFFICER, AXIS BANK LTD.,
         RETAIL ASSET CENTER, KARAMANA,
         2ND FLOOR, NIHAL COMPLEX,
         THIRUVANANTHAPURM DISTRICT, PIN-695 002.

         BY ADVS.
         SAJU N.A.
         G.LEKHA
         P.J.FLONY
         UMA.G.KRISHNAN

     THIS WRIT PETITION    (CIVIL) HAVING COME UP      FOR
ADMISSION ON 29.06.2022,   THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.25570/2021
                                 :2 :



                         JUDGMENT

Dated this the 29th day of June, 2022

The petitioner has approached this Court stating that his

account has been declared as NPA contrary to the directions

issued by the Supreme Court in the matter of relief to be

granted by the banks on account of Covid-19 regulations.

This writ petition was admitted on 17.11.2021 and the

proceedings initiated against the petitioner have been kept in

abeyance since then by virtue of interim order dated

17.11.2021.

2. The learned Standing Counsel for the respondent

bank submits that the interim order was issued taking into

consideration the fact that there was no regular sitting before

the Debts Recovery Tribunal, Ernakulam and the petitioner

had no other Forum to ventilate his grievances. It is submitted

that the total liability as on date is approximately `2.79 crores

and the petitioner has not made a single payment after

obtaining the interim order from this Court. It is submitted that WP(C) No.25570/2021

since the regular sitting of the Debts Recovery Tribunal has

commenced, it is for the petitioner to approach the DRT for

appropriate reliefs.

Taking into consideration the submissions made by

either side, this writ petition is disposed of permitting the

petitioner to approach the Debts Recovery Tribunal seeking

appropriate reliefs. In order to enable the petitioner to do so,

it is ordered that the period during which this writ petition was

pending in this Court, i.e., from 16.11.2021 till today

(29.06.2022) shall be excluded for the purposes of

determining the period of limitation, provided the application is

filed within a period of fifteen (15) days from today. Further

coercive steps against the petitioner shall be kept in abeyance

for a period of one month from today on condition that the

petitioner deposits a sum of `25 lakhs within the aforesaid

period. It is made clear that the DRT is free to decide the

matter in accordance with law.

Sd/-

GOPINATH P.

JUDGE ncd/29.06.22 WP(C) No.25570/2021

APPENDIX OF WP(C) 25570/2021

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT ISSUED TO THE PETITIONER DATED 28.07.2021.

Exhibit P2 THE TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER BY THE COURT OF METROPOLITAN MAGISTRATE 3RD COURT CALCUTTA.

Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AGAINST EXHIBIT P1 NOTICE.

Exhibit P4 THE TRUE COPY OF THE POSSESSION NOTICE UNDER SECTION 13(4) OF THE SARFAESI ACT ISSUED TO THE PETITIONER DATED 22.10.2021.

RESPONDENTS' EXHIBITS

Exhibit R1(a) TRUE COPY OF THE REPLY LETTER DATED 8/9/2021 ISSUED TO THE PETITIONER Exhibit R1(b) TRUE COPY OF RBI CIRCULAR NO.DOR NO.BP.BC.47/21.04.048/2019-20 DATED 27/3/2020 Exhibit R1(c) TRUE COPY OF RBI CIRCULAR NO.DOR NO.BP.BC.71/21.04.048/2019-20 DATED 23/5/2020