M/S Melattur Islamic Academy vs The Chief Manager
2023 Latest Caselaw 6787 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR.JUSTICE C.S.DIAS
         TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                           WP(C) NO. 19911 OF 2023
PETITIONERS:

     1      M/S MELATTUR ISLAMIC ACADEMY
            REGISTRATION NO. 802/1997, ACADEMY NAGAR,
            MELATTUR P.O., MALAPPURAM- 679 326.
            REPRESENTED BY ITS SECRETARY,
            M. ABDUL LATHEEF, AGED 62 YEARS,
            S/O AHMEDKUTTY MUSALIYAR,
            MUSALIYARAKATH, POOVATHIKKAL P.O.,
            MALAPPURAM, PIN - 673639
     2      THE MANAGER
            AL-BADAR CENTRAL SCHOOL,
            MELATTUR P.O., MALAPPURAM, PIN - 679326
            BY ADVS.
            S.M.PREM
            H.NARAYANAN

RESPONDENTS:

     1      THE CHIEF MANAGER
            (AUTHORISED OFFICER UNDER SARFAESI ACT)
            THE SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE,
            HAPPY TOWERS, VAIKKOM MOHAMMED BASHEER ROAD,
            MANANCHIRA P.O., KOZHIKODE, PIN - 673001
     2      THE MANAGER
            THE SOUTH INDIAN BANK LIMITED,
            ANGADIPURAM BRANCH,
            KOZHIKODE ROAD, ANGADIPURAM P.O.,
            MALAPPURAM, PIN - 679321
            BY ADV.SRI P A AUGUSTINE

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.19911 of 2023
                                   2




                             C.S.DIAS, J.
                -------------------------
                       W.P.(C.) No.19911 of 2023
                -------------------------
            Dated this the 20th day of June, 2023

                             JUDGMENT

The writ petition is filed to direct the

respondents to permit the petitioners to pay the

outstanding amount in instalments.

2. The petitioners' case is that, they had

availed financial assistance from the second

respondent bank by creating an equitable

mortgage. Due to unforeseen circumstances,

they could not pay the instalments on time. The

respondents have now proceeded against the

secured asset under the Securitization and

Reconstruction of Financial Assets and

Enforcement of Security Interest Act (in short,

'Act'). The petitioners are now willing to pay off WPC No.19911 of 2023

the outstanding amount in instalments. Hence,

the writ petition.

3. Heard; Sri.S.M.Prem, the learned Counsel

appearing for the petitioners and Sri.P.A.

Augustine, the learned Counsel appearing for

the respondents.

4. Sri.P.A. Augustine, on instructions,

submitted that the outstanding amount as on

today is Rs.1,08,41,000/-. The account was

classified as Non-performing Asset (NPA) on

23.10.2021. The respondents are not willing to

permit the petitioners to pay the outstanding

amount in instalments. The petitioners may be

relegated to exhaust the statutory remedies.

5. 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 WPC No.19911 of 2023

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 Security Interest Act, 2002, in

writ proceedings under Article 226 of the

Constitution of India.

6. Having considered the pleadings and

materials on record and taking note of the

submission made by the counsel on either side, I

do not find any extraordinary circumstances to

entertain the writ petition by exercising the

plenary powers of this Court under Article 226

of the Constitution of India. Nonetheless, it

would be up to the petitioners to work out their

statutory remedies in accordance with law.

Resultantly, the writ petition is dismissed, WPC No.19911 of 2023

without prejudice to the right of the petitioners

to work out their remedies, in accordance with

law.

Sd/-

C. S. DIAS JUDGE SKP/20-06 WPC No.19911 of 2023

APPENDIX OF WP(C) 19911/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF G.O. (MS) NO. 223/2012/G.EDN.

DATED 12-07-2007 ISSUED BY THE GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GRANTING NOC FOR AFFILIATION OF THE PETITIONERS' SCHOOL TO CBSE EXHIBIT P2 TRUE COPY OF NOTICE NO. REF.

RO-KKD/LEG/SARFAESI/13/22-23 DATED 13-05-2022 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 13(2) OF THE SARFAESI ACT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE POSSESSION NOTICE DATED 30-07-

2022 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 13(4) OF THE SARFAESI ACT READ WITH RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, TAKING SYMBOLIC POSSESSION OF THE PETITIONERS' SCHOOL PROPERTY EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30-11-2022 PASSED BY THE HONOURABLE CHIEF JUDICIAL MAGISTRATE'S COURT, MANJERI IN CRL. M.P. NO. 3630/2022 EXHIBIT P5 TRUE COPY OF THE NOTICE OF INSPECTION DATED 30-

05-2023 ISSUED BY THE ADVOCATE COMMISSIONER TO THE 1ST PETITIONER SOCIETY EXHIBIT P6 TRUE COPY OF THE ACCOUNT STATEMENT IN RESPECT OF THE TERM LOAN A/C NO. 0537652000000162 AS ON 31-05-2023 EXHIBIT P7 TRUE COPY OF THE ACCOUNT STATEMENT IN RESPECT OF ECLGS A/C NO. 0537656000000067 AS ON 31-05-

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE