George E. James vs Csb Bank Ltd
2023 Latest Caselaw 6937 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE C.S.DIAS

        THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945

                        WP(C) NO. 18384 OF 2023

PETITIONER:

            GEORGE E. JAMES, AGED 58 YEARS
            S/O CHACKO, ELAMTHOTTAM HOUSE, CHIRAKKADAVU (EAST)
            P.O. PONKUNNAM, CHERAKKADAVU VILLAGE, KANJIRAPPALLY
            TALUK, KOTTAYAM DISTRICT, PIN - 686520

            BY ADVS.P.S.SYAMKUTTAN
            BIJU K.C.
            LEENA JOSEPH
            dr. sajan vazhappilly


RESPONDENTS:

    1       CSB BANK LTD, (FORMERLY THE CATHOLIC SYRIAN BANK LTD.)
            REPRESENTED BY ITS BRANCH MANAGER, PONKUNNAM
            BRANCH, PONKUNNAM P.O. KOTTAYAM DISTRICT, PIN - 686506

    2       AUTHORISED OFFICER, CATHOLIC SYRIAN BANK LTD.) ZONAL
            OFFICE, 1ST FLOOR, DJM BUILDING, P.B. NO.1154, MARKET
            ROAD, ERNAKULAM, KOCHI, PIN - 682011

            BY ADVS.MADHU RADHAKRISHNAN
            NELSON JOSEPH(K/380/2007)
            M.D.JOSEPH(K/839/2008)
            DEEPAK ASHOK KUMAR(K/1624/2018)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18384 OF 2023
                                :: 2 ::




                           JUDGMENT

Dated this the 22nd day of June 2023

The writ petition is filed to direct the

respondents to permit the petitioner to pay off the

outstanding amount in instalments and regularise

the loan account.

2. The petitioner's case is that, he had availed

financial assistance from the first respondent - Bank

by creating an equitable mortgage. Due to

unforeseen circumstances and the Covid 19

pandemic, he could not pay the instalments on time.

The Bank has now proceeded against the secured

asset under the Securitization and Reconstruction of

Financial Assets and Enforcement of Security

Interest Act, 2002 (in short, 'Act'). The petitioner is

prepared to pay off the entire outstanding amount in

instalments. Hence, the writ petition. WP(C) NO. 18384 OF 2023 :: 3 ::

3. Heard; Sri.Syamkuttan.P.S., the learned

counsel appearing for the petitioner and Sri.Madhu

Radhakrishnan, the learned counsel appearing for the

respondents.

4. Sri.Madhu Radhakrishnan, on instructions,

submitted that the petitioner had availed cash credit

facility from the first respondent - Bank. The

outstanding amount as on 6.6.2023 is Rs.2,04,79,049/-.

The respondents are not willing to provide any

instalment facility to the petitioner. This Court by

interim order dated 6.6.2023 has already observed the

petitioner to work out his statutory remedies. Hence,

the writ petition may be dismissed.

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 rendered under the Act, has

categorically declared that High Courts shall not,

unless in extra ordinary circumstances, interfere with WP(C) NO. 18384 OF 2023 :: 4 ::

proceedings initiated under the Act, 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 stand

adopted by the respondents, 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 will be up to the petitioner to work out

his statutory remedies.

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 jes WP(C) NO. 18384 OF 2023 :: 5 ::

APPENDIX OF WP(C) 18384/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 22.4.2022 ISSUED FROM THE MANIMALA VILLAGE OFFICE TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 27.11.2020 ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT R/W RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 31.05.2023 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 1.6.2023 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MANIMALA.