Biji Babu vs The Manager
2023 Latest Caselaw 6279 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
        MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                        WP(C) NO. 7845 OF 2023
PETITIONER:

            BIJI BABU,
            AGED 40 YEARS
            W/O BABU GEORGE, RAJU VILASAM, UMMANNOOR,
            KOTTARAKARA, KOLLAM DISTRICT., PIN - 691532

            BY ADVS.
            BHARATH MOHAN
            N.KRISHNA PRASAD



RESPONDENTS:

    1       THE MANAGER,
            UNION BANK OF INDIA, UMMANNOOR BRANCH, PARAVILA
            BUILDING, UMMANNOOR, KOLLAM DISTRICT, PIN - 691547

    2       THE AUTHORISED OFFICER,
            UNION BANK OF INDIA, UMMANNOOR BRANCH, PARAVILA
            BUILDING, UMMANNOOR, KOLLAM DISTRICT., PIN - 691547


OTHER PRESENT:

            SRI A S P KURUP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7845 OF 2023
                                2


              Dated this the 12th day of June, 2023

                         JUDGMENT

The writ petition is filed to direct the respondents

to permit the petitioner to pay off the overdue amount in

instalments and regularise the loan account.

2. The petitioner's case is that, he was a co-

borrower of a loan that was availed from the first

respondent-Bank. Due to unforeseen circumstances, the

petitioner and his co-applicant could not pay the

instalments on time. The respondents are now

proceeding against the secured asset of the petitioner

under the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002

(in short 'SARFAESI Act'). The petitioner is prepared to

pay off the overdue amount in instalments. Hence, the

writ petition.

3. When the writ petition came up for consideration

on 8.3.2023, this Court stayed coercive proceedings as WP(C) NO. 7845 OF 2023

against the petitioner subject to the condition that the

petitioner remits an amount of Rs.1,00,000/- on or

before 10.3.2023 and a further amount of Rs.1,00,000/-

on or before 30.3.2023.

4. Heard; Sri. Bharath Mohan, the learned counsel

appearing for the petitioner and Sri. ASP Kurup, the

learned counsel appearing for the respondents.

5. Sri.ASP Kurup, on instructions, submitted that,

the petitioner has not complied with the interim order

dated 8.3.2023.

6. The Hon'ble Supreme Court in South Indian

Bank Ltd vs. Naveen Mathew Philip (2023 LiveLaw

(SC) 320), after adverting to a myriad of earlier judicial

pronouncements rendered under the Act, has

categorically declared that High Courts shall not, unless

in extra ordinary circumstances, interfere with

proceedings initiated under the Securitisation and

Reconstruction of Financial Assets and Enforcement of WP(C) NO. 7845 OF 2023

Security Interest Act, 2002, in writ proceedings under

Article 226 of the Constitution of India.

7. Having considered the pleadings and materials

on record, and taking into account the fact that the

petitioner has not complied with the interim order dated

8.3.2023, I am not inclined to entertain the writ petition

by exercising the discretionary powers of this Court

under Article 226 of the Constitution of India.

Nonetheless, it would be up to the petitioner to work out

his remedies in accordance with law.

Resultantly, the writ petition is dismissed, without

prejudice to the right of the petitioner to work out his

remedies, in accordance with law.

SD/-

C.S.DIAS, JUDGE

rmm13/6/2023 WP(C) NO. 7845 OF 2023

APPENDIX OF WP(C) 7845/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LOAN STATEMENT EVIDENCING THE PAYMENT OF EMI DATED 28.12.2022

Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE ADVOCATE COMMISSION DATED 30/11/2022

Exhibit P3 A TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT MADE BY THE PETITIONER DATED 14.12.2022

Exhibit P4 A TRUE COPY OF THE NOTICE OF SALE DATED 15/02/2023