Dil Rupa Garments vs Union Bank Of India
2022 Latest Caselaw 3422 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                        WP(C) NO. 9707 OF 2022
PETITIONERS:

    1     M/S.DIL RUBA GARMENTS, KUTTIVATTOM, VADAKKUMTHALA PO.,
          KARUNAGAPPALLY, KOLLAM DISTRICT. PIN-690536,
          REPRESENTED BY ITS 'PROPRIETOR', MRS.SHYMA.S, AGED 33
          YEARS, W/O. NASSIM E.

    2     SHYMA.S, AGED 33 YEARS, W/O.NASSIM.E, 'PROPRIETOR',
          M/S. DIL RUBA GARMENTS, RESIDING AT KALEELIL PUTHEN
          VEEDU, VADAKKUMTHALA PO., KARUNAGAPPALLY, KOLLAM
          DISTRICT. PIN-690536

    3     NASSIM E., AGED 43 YEARS, RESIDING AT KALEELIL PUTHEN
          VEEDU, VADAKKUMTHALA PO., KARUNAGAPPALLY, KOLLAM
          DISTRICT, PIN-690536.

    4     SHINE.S., AGED 35 YEARS, DANDU MANGALAM, KALLELIBHAGOM
          PO., THODIYOOR, KOLLAM, PIN-690518

          BY ADV S.JAYAKRISHNAN


RESPONDENTS:

    1     UNION BANK OF INDIA
          REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE,
          KOLLAM, SECOND FLOOR, BSNL TELEPHONE EXCHANGE,
          CHINNAKADA, KOLLAM, PIN-691001.

    2     THE BRANCH MANAGER, UNION BANK OF INDIA, KUTTIVATTOM
          BRANCH, VADAKKUMTHALA PO., KARUNAGAPPALLY, KOLLAM
          DISTRICT, PIN-690536.

          BY ADV.A.S.P.KURUP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9707 OF 2022
                                2


             BECHU KURIAN THOMAS, J.
           ===========================
               W.P.(C) No.9707 of 2022
           ============================
             Dated this the 22nd day of March, 2022


                            JUDGMENT

Petitioners are challenging the sale of the secured assets

scheduled for 30.03.2022. Petitioners as borrowers from the

respondent bank, committed default in repayment of a loan

facility availed by them. Consequently, proceedings have been

initiated by the bank, for recovery of the amounts due.

2. During the course of hearing, petitioners have

confined the relief to an opportunity for repaying the overdue

amount in instalments and to obtain regularisation of the loan

account.

3. It was submitted on behalf of the respondent bank

that the petitioners committed default in repayment and the

overdue amount is Rs.4,45,000/-. It was further submitted that WP(C) NO. 9707 OF 2022

though proceedings for recovery have been initiated and sale is

scheduled, as a matter of indulgence, the respondent bank is

willing to accept repayment of the overdue amount in limited

instalments and regularise the loan account after deferring the

sale. The learned counsel for the respondents submitted that the

Bank is willing to defer the sale, provided, the entire overdue

amount of Rs.4,45,000/- is deposited by the petitioners before the

date of sale.

4. I have heard Shri.S.Jayakrishnan, learned counsel for

the petitioners as well as Shri.A.S.P.Kurup, learned counsel for

the respondents.

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 sale scheduled for

30.03.2022 be deferred provided petitioner deposits the overdue

amount before the date of sale.

6. Accordingly, there will be a direction to the respondent WP(C) NO. 9707 OF 2022

bank to defer the sale scheduled to be held on 30.03.2022, on

condition that petitioners deposit an amount of Rs.4,45,000/- by

4:00 p.m., on or before 29.03.2022. On the other hand, if the

petitioner fails to deposit the said amount, the respondents shall

be free to proceed with the sale as scheduled. If the amount is

deposited, the account shall be regularised and petitioners will

be bound to pay the regular monthly installments thereafter.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/ WP(C) NO. 9707 OF 2022

APPENDIX OF WP(C) 9707/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF NOTICE DATED 30.10.2021 ISSUED UNDER SECTION 3(E)(1) OF THE NATIONAL HIGHWAY ACT, 1956 BY THE SPECIAL DEPUTY COLLECTOR (L.A.)N.H.A.I COMPETENT AUTHORITY TO THE 3RD PETITIONER

Exhibit P2 TRUE COPY OF POSSESSION NOTICE DATED 08.10.2021 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER UNDER RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002

Exhibit P3 TRUE COPY OF NOTICE DATED 23.02.2022 UNDER SECTION 13(8) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST (SARFAESI) ACT, 2002.

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 09.03.2022 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.