Kerala High Court
Salim Sha vs The Authorized Officer Under ... on 23 August, 2023
W. A. No. 1445 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WA NO. 1445 OF 2023
AGAINST THE JUDGMENT WP(C) 18860/2023 OF HIGH COURT OF
KERALA
APPELLANT/S:
SALIM SHA
AGED 42 YEARS
S/O M.K. SHAMSUDEEN, SHA MANZIL, KAIRALI NAGAR
134A, KALLUMTHAZHAM.P.O., KOLLAM, PIN - 691004
BY ADV A.S.SHAMMY RAJ
RESPONDENT/S:
1 THE AUTHORIZED OFFICER UNDER SECURITIZATION ACT
THE QUILON CO OPERATIVE URBAN BANK LTD., NO.960,
HEAD OFFICE, YMCA ROAD, KOLLAM, PIN - 691001
2 THE BRANCH MANAGER
THE QUILON CO-OPERATIVE URBAN BANK LTD.,
CHANDANATHOPPE BRANCH, CHANDANATHOPPE.P.O.,
KOLLAM, PIN - 691014
BY ADV. D. P. RENU
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. No. 1445 of 2023
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JUDGMENT
Dated this the 23rd day of August, 2023
A. J. Desai, C. J.
By way of the present appeal filed under Section 5 of the
Kerala High Court Act, 1958, the original petitioner has
challenged the judgment dated 09.06.2023 in W. P. (C) No. 18860
of 2023 by which the learned Single Judge, while disposing of the
writ petition seeking to permit the present appellant to remit the
overdue amount availed from the respondent Bank, issued the
following directions:-
"(i) The respondents are directed to defer further
coercive proceedings pursuant to Ext. P9 notice, to enable
the petitioner to pay the outstanding amount in instalments.
(ii) The petitioner is permitted to pay off the
outstanding amount as stated above with future interest and
cost in three equated monthly instalments commencing from
10.7.2023 with interest and cost.
(iii) Needless to mention, if the petitioner commits
default in the condition ordered above, he would lose the
benefit of this judgment and the respondents would be at
W. A. No. 1445 of 2023
liberty to proceed with recovery proceedings from the stage
it presently stands.
(iv) It is made clear that, no further application for
modification/extension of time shall be entertained."
2. Learned counsel for the appellant would submit that the
Bank has not supplied the details about the outstanding dues, and
therefore, in the absence of any details supplied by the Bank, the
appellant had never agreed to pay an amount of Rs. 29,80,348/- in
three installments. Apart from this submission, he would submit
that if the details are supplied, the appellant is ready and willing to
pay the entire amount in lump sum. He would further submit that
though the appellant has already requested the Bank to settle the
dues to the tune of Rs. 23,00,000/- as a full and final settlement,
there is no response to the same.
3. On the other hand, the learned Advocate appearing for the
Bank would submit that the Bank may consider the request made
by the present appellant.
Considering the margin of the disputed amount of loan with
W. A. No. 1445 of 2023
respect to the alleged due from the appellant and the amount
offered by the appellant, without disturbing the observations made
by the learned Single Judge, we expect that the Bank shall take a
reasonable stand with regard to the one-time settlement, as offered
by the appellant.
The writ appeal is accordingly disposed of.
Sd/-
A. J. DESAI
CHIEF JUSTICE
Sd/-
V. G. ARUN
JUDGE
Eb
W. A. No. 1445 of 2023
APPENDIX OF WA 1445/2023
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE APPLICATION SUBMITTED
BY PETITIONER BEFORE THE 2ND RESPONDENT
DATED 3.8.2023
