K. Subramaniyan vs Uco Bank
2023 Latest Caselaw 2 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                        THE HONOURABLE MR. JUSTICE GOPINATH P.

            TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944

                               WP(C) NO. 24332 OF 2022

PETITIONER/S:

     1          K. SUBRAMANIYAN
                AGED 63 YEARS
                S/O LATE KUTTAPANIKKAN KESAVAN,
                REGISTERED A CLASS CONTRACTOR KERALA STATE,
                MYTHRI (PUTHUVIL VEEDU), MYLAKKADU P.O.,
                KOLLAM, PIN - 691571
     2          SHAJIKUMAR
                AGED 55 YEARS
                S/O SUKUMARAN NAIR,
                BUSINESS, BEENA NIVAS,PLAKADU, ADICHANALLOOR P.O.,
                CHANTHANOOR, KOLLAM., PIN - 691573
     3          NIDHEESH KUMAR
                AGED 37 YEARS
                S/O LATE SUDHEESH KUMAR, BUSINESS, NIDHEESH BHAVAN, ELAMPALLOR,
                KUNDARA P.O. ,
                KOLLAM, PIN - 691510
                BY ADVS.
                M.P.RAMNATH
                P.RAJESH (KOTTAKKAL)
                K.J.SEBASTIAN
                M.VARGHESE VARGHESE
                UMA R.KAMATH
                S.SANDHYA
                BEPIN PAUL
                SHALU VARGHESE
                S.DEEPAK
                ANTONY THARIAN
                K.S AKSHAY MOHAN


RESPONDENT/S:

     1          UCO BANK
                10, B.T.M. SARANI, BRABOUNE ROAD, KOLKATTA,
                PIN. 700001, AND HAVING BRANCH OFFICE AT, KHAISE BUILDING BEACH
                ROAD KOLLAM. REPRESENTED BY ITS BRANCH MANAGER KOLLAM BRANCH, PIN
                - 691001
     2          UCO BANK
                ZONAL OFFICE, RAVIPURAM,
                PERUMANOOR, KOCHI. REPRESENTED BY THE ZONAL MANAGER., PIN - 682001

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) Nos. 41626 & 24332 of 2022
                                       ..2..


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                   THE HONOURABLE MR. JUSTICE GOPINATH P.

           TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944

                           WP(C) NO. 41626 OF 2022

PETITIONER/S:

     1      K. SUBRAMANIAN
            AGED 63 YEARS
            S/O. KUTTAPANIKKAN KESAVAN,
            MYTHRI (PUTHUVIL VEEDU), MYLAKKAD P.O., KOLLAM, PIN - 691571
     2      B. SHEELA
            AGED 54 YEARS
            W/O. K. SUBRAMANIAN,
            MYTHRI (PUTHUVIL VEEDU), MYLAKKAD P.O., KOLLAM, PIN - 691571
            BY ADVS.
            V.K.PEERMOHAMED KHAN
            GIRISH KUMAR V.C


RESPONDENT/S:

     1      THE UCO BANK, REPRESENTED BY ITS BRANCH MANAGER
            KOLLAM BRANCH.
            KHAISE BUILDING, BEACH ROAD, KOLLAM, PIN - 691001
     2      THE AUTHORISED OFFICER
            UCO BANK, KOLLAM BRANCH. KHAISE BUILDING, BEACH ROAD, KOLLAM
            , PIN - 691001

OTHER PRESENT:

            ADV. DEEPAK JOY (SC)



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) Nos. 41626 & 24332 of 2022
                                      ..3..




                             JUDGMENT

Dated this the 3rd day of January, 2022

When these matters are taken up for consideration today,

the submission of the learned counsel appearing for the

respondent bank that the petitioners had approached this court

by filing W.P.(C)No. 24332/2022, and this court had passed an

interim order on 24.08.2022 as follows:

"Taking of physical possession of the secured assets of the

petitioners, shall stand deferred till 30.09.2022 on condition

that a sum of Rs.65,00,000/- (Rupees sixty five lakhs only) is

paid towards loan liability before 30.09.2022. It is made clear

that no extension of time will be granted for remittance of the

above amount."

2. It is submitted that without complying with the

condition, the petitioners have now approached this court by

filing W.P.(C) No.41626/2022. It is submitted that the present

Writ Petition is therefore not maintainable and is liable to be W.P. (C) Nos. 41626 & 24332 of 2022 ..4..

dismissed. The learned counsel appearing for the petitioners

submits that the sale proposed to be held on 23.12.2022 did not

fructify for want of bidders and this Writ Petition, therefore, be

closed directing the bank take a decision on Ext.P8 request made

by the petitioners. It is submitted that pursuant to the interim

order in W.P.(C) No. 24332/2022 a sum of Rs.35,00,000/- has

already been paid by the petitioners. It is also submitted that the

default occurred only on account of the fact that huge amounts

due to the petitioners from the Kerala State Electricity Board

have not been paid. Reference is made in this regard to Ext.P3

judgment of this court in W.P. (C) No. 3449/2022.

3. The learned counsel appearing for the respondent bank

submits that Ext.P8 request is for issuance of bank guarantee etc

and has nothing to do with the clearance of the liability in

instalments. It is submitted that the bank has no objection in

considering Ext.P8 and issuing a reply to the petitioners.

Having heard the learned counsel appearing for the W.P. (C) Nos. 41626 & 24332 of 2022 ..5..

petitioners and the learned counsel appearing for the respondent

bank and despite being convinced that these Writ Petitions are

not maintainable, I am of the opinion that these Writ Petitions

can be disposed of directing the bank to consider Ext.P8 request

within a period of two weeks from today. Till such time as Ext.P8

request is considered and a decision thereon is communicated to

the petitioners, further proceedings under the SARFAESI Act shall

be kept in abeyance.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) Nos. 41626 & 24332 of 2022 ..6..

APPENDIX OF WP(C) 24332/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT DATED 05.04.2022 AND BEARING REFERENCE AS UCO/KOLLAM/ RECOVERY/2022 - 23 ISSUED BY THE 1 ST RESPONDENT TO THE 1 ST PETITIONER Exhibit P2 THE TRUE PHOTOSTAT COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT DATED 30.03.2022 AND BEARING REFERENCE AS CO/KOLLAM/ RECOVERY/2021 - 22 ISSUED BY THE 1 ST RESPONDENT TO THE 3 RD PETITIONER Exhibit P3 P3.THE TRUE PHOTOSTAT COPY OF THE POSSESSION NOTICE DATED 15.06.2022 ISSUED UNDER RULE 8 (1) OF THE SECURITY INTEREST (ENFORCEMENT)RULES 2002 BY THE RESPONDENTS TO THE 1 ST PETITIONER, HIS WIFE AND 2 ND PETITIONER Exhibit P4 THE TRUE PHOTOSTAT COPY OF THE POSSESSION NOTICE DATED 04.06.2022 ISSUED UNDER RULE 8 (1) OF THE SECURITY INTEREST (ENFORCEMENT)RULES 2002 BY THE RESPONDENTS TO THE 3 RD PETITIONER, HIS WIFE, HIS SISTER AND THE 1 ST PETITIONER Exhibit P5 TRUE PHOTOSTAT COPY OF THE LAWYER NOTICE DATED 01.06.2022 WITH REFERENCE NO. 50/2022 CAUSED TO BE ISSUED BY RESPONDENTS TO THE PETITIONERS AND 3 AND OTHERS Exhibit P6 THE TRUE PHOTO COPY OF THE REQUEST LETTER DATED 28.06.2022 SENT BY THE 1 ST PETITIONER TO THE RESPONDENTS WITH POSTAL REGISTRATION RECEIPTS (2 NOS) BOTH DATED 29.06.2022 APPENDED THERETO Exhibit7 THE TRUE PHOTOSTAT COPY OF THE AGREEMENT DT.

09.12.2020 BEARING NO. TCTPA/83/2020-21 BETWEEN 1 ST PETITIONER AND THE KERALA STATE ELECTRICITY BOARD LTD IN RESPECT OF CONSTRUCTION OF 5.5 KM LONG 110KV DC LINE FROM KONNATHADY TO MURICKASSERY, IN IDUKKI DISTRICT UNDER THE TRANSMISSION CIRCLE THODUPUZHA Exhibit P8 THE TRUE PHOTOSTAT COPY OF THE WORK ORDER DT.

02.02.2022 BEARING NO. 18/EE/TDP/2021-22/ ISSUED TO 1 ST PETITIONER BY THE KERALA STATE ELECTRICITY BOARD LTD IN RESPECT OF EXTENSION OF CONTROL ROOM AT 110KV SUB STATION, VARKALA Exhibit P9 THE TRUE PHOTOSTAT COPY OF THE WORK ORDER DT.12.05.2022 BEARING NO. DCE /E/KLM/T5-/07/2022-23 ISSUED TO 1 ST PETITIONER BY THE KERALA STATE ELECTRICITY BOARD LTD IN RESPECT OF WORKS AT VYDYUTHI BHAVANAM BUILDING AT CHATHANOOR Exhibit P10 THE TRUE PHOTOSTAT COPY OF THE LETTER OF ACCEPTANCE AND WORK ASSIGNMENT DT. 31.03.2018 BEARING NO. W496/DCE/CN/III/MDU/16/2017 ISSUED TO THE 1 ST PETITIONER FROM THE OFFICE OF THE DEPUTY CHIEF ENGINEER, CONSTRUCTION, III, MADURAI SOUTHERN W.P. (C) Nos. 41626 & 24332 of 2022 ..7..

RAILWAY IN CONNECTION WITH WORKS RELATED TO GAUGE CONVERSION WORKS BETWEEN BHAGAVATHIPURAM AND ARAYANKAVU NEW STATIONS Exhibit P11 THE TRUE PHOTOCOPY OF THE LETTER DT 27.06.2022 ISSUED BY THE 1 ST PETITIONER TO THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, IN RESPECT OF THE DELAY IN PAYMENT OF PALAKKAD MUNICIPALITY'S WORK, ALONG WITH THE POSTAL REGISTRATION RECEIPT APPENDED W.P. (C) Nos. 41626 & 24332 of 2022 ..8..

APPENDIX OF WP(C) 41626/2022

PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE LOAN SANCTION LETTER ISSUED BY THE RESPONDENT BANK DATED 25.02.2021 Exhibit-P2 TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER WITH COPY TO THE GUARANTORS DATED 05.04.2022 Exhibit-P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 34449/2022 OF THE HON'BLE HIGH COURT OF KERALA DATED 04.11.2022 Exhibit-P4 TUE COPY OF THE POSSESSION NOTICE DATED 15.06.2022 Exhibit-P5 TRUE COPY OF THE INTERIM ORDER IN W.P(C) NO.

24332/2022 OF THE HON'BLE HIGH COURT OF KERALA DATED 24.08.2022 Exhibit-P6 TRUE COPY OF THE STATEMENT OF ACCOUNT OF CC ACCOUNT OF THE PETITIONERS FOR THE PERIOD FROM 01.04.2022 TO 14.12.2022 Exhibit-P7 TRUE COPY OF THE SALE NOTICE DATED 10.11.2022 Exhibit-P8 TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER FOR ISSUING BANK GUARANTEE AND SOLVENCY CERTIFICATE IN FAVOUR OF THE 1ST PETITIONER DATED 16.12.2022

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE