Kerala High Court
Baburajan A.C vs Secretaryt To Finance on 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 1302 OF 2023
PETITIONERS:
1 BABURAJAN A.C.
AGED 52 YEARS
SON OF UNNI NAIR, ARIYANCHALIL HOUSE, KOKKALLUR P.O.,
BALUSSERY, KOZHIKODE., PIN - 673 612
2 GOKULAM LOGISTRICS PRIVATE LIMITED
6/614, EAST MUKKU, ULLIYERI, BALUSSERY ROAD,
KOZHIKODE, REPRESENTED BY EXECUTIVE DIRECTOR,
BABURAJAN A.C., PIN - 673 620
3 VASU A.C.
SON OF UNNI NAIR, SREESARANIYA,
KOKKALLUR P.O., BALUSSERY,
KOZHIKODE., PIN - 673 612
4 SEENA BABURAJAN
WIFE OF BABURAJAN A.C.,
ANIYANCHALIL HOUSE, KOKKALLUR P.O.,
BALUSSERY, KOZHIKODE., PIN - 673 612
BY ADVS.
I.DINESH MENON
L.RAJESH NARAYAN
RESPONDENTS:
1 SECRETARYT TO FINANCE
MINISTRY OF FINANCE, GOVERNMENT OF INDIA,
NEW DELHI., PIN - 110 001
2 RESERVE BANK OF INDIA
REPRESENTED BY AUTHORISED SIGNATORY,
NEW DELHI., PIN - 110 001
3 THE AUTHORISED OFFICER
AXIS BANK LIMITED, RETAIL ASSET CENTER,
2ND FLOOR, GLOBAL TOWER,
PARAYANCHERY, KOZHIKODE., PIN - 673 016
BY ADVS.
KIRAN M.S.
P.PAULOCHAN ANTONY P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1302 OF 2023
2
T.R.RAVI, J.
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WP(C) No.1302 of 2023
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Dated this the 01st day of March, 2023
JUDGMENT
The petitioners have approached this Court seeking
permission to wipe off the liabilities to the respondent Bank
in instalments. The counsel for the respondent Bank submits
that an amount of Rs.45,68,310/- is outstanding.
In the above circumstances, the writ petition is disposed
of directing the petitioners to pay a sum of Rs.3 lakhs on or
before 29.03.2023 and the balance amounts due to the
respondent Bank in 12 equal monthly instalments, along with
accrued interest, the first instalment becoming payable on or
before 28.04.2023 and the subsequent instalments becoming
payable on or before the 28th day of the succeeding months.
If the petitioners make two defaults in the payment of
instalments as directed above, the respondent Bank will be at
liberty to continue with the proceedings for recovery.
Coercive steps for recovery shall be kept in abeyance for
facilitating the payments by instalments as directed above.
WP(C) NO. 1302 OF 2023
The disposal of this writ petition will not in any way preclude
the petitioners from approaching the respondent Bank for
any further reliefs with regard to the payment.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 1302 OF 2023
APPENDIX OF WP(C) 1302/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LOAN SACNTION ORDER ISSUED TO
THE PETITIONER DATED 19.3.2020
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE BANK UNDER
SECTION 13[2] DATED 30.6.2021.
Exhibit P3 TRUE COPY OF THE ORDER IN WP [C] NO.825/2020
DATED 27.11.2020.
Exhibit P4 TRUE COPY OF THE CIRCULAR ISSUED BY RESERVE BANK
OF INDIA DATED 5.5.2021.
Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONERS BEFORE THE RESPONDENTS DATED
22.9.2021.
Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN WPC
NO.20548/2021 29.9.2021.
Exhibit P7 TRUE COPY OF THE NOTICE DATED 30.06.2021
PUBLISHED IN HINDU DAILY DATED 17.6.2022.
Exhibit P8 TRUE COPY OF THE COMMON JUDGMENT DATED 3.11.2022
IN WP[C] NO.25052/2022.
Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE BANK TO THE
PETITIONER DATED 05.01.2023.
Exhibit P10 TRUE COPY OF THE MARRIAGE INVITATION DATED
12.02.2023.
Exhibit P11 TRUE COPY OF THE DEMAND DRAFT DRAWN IN FAVOUR OF
AXIS BANK LOAN ACCOUNT DATED 20.02.2023
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
