P. Ramakrishnan vs South Indian Bank
2023 Latest Caselaw 3607 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                 WP(C) NO. 11286 OF 2023
PETITIONER:

         P. RAMAKRISHNAN
         AGED 66 YEARS
         S/O. THEYYAN, PULLANI HOUSE, KADALUNDI P.O,
         KOZHIKODE DISTRICT -., PIN - 673302
         BY ADV K.M.FIROZ

RESPONDENT:

         SOUTH INDIAN BANK
         REGIONAL OFFICE KOZHIKODE, FIRST FLOOR, HAPPY
         TOWERS, VAIKKOM MOHAMMED BASHEER ROAD, MANANCHIRA
         P.O, KOZHIKODE - 673001 REPRESENTED BY ITS
         AUTHORISED OFFICER., PIN - 673001


         ADV SUNIL SHANKER-SC

     THIS WRIT PETITION    (CIVIL) HAVING COME UP      FOR
ADMISSION ON 29.03.2023,   THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11286/2023
                                   :2 :



                            JUDGMENT

Dated this the 29th day of March, 2023

This writ petition is submitted by the guarantor of a loan

transaction by which the daughter of the petitioner along with her

partners in the business had availed a cash credit facility from the

respondent bank. As the account has become NPA, recovery

proceedings were initiated against the borrowers, under the

provisions of Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest (SARFAESI) Act.

2. Earlier, the daughter of the petitioner along with the

partners have approached this Court by filing WP(C)

No.25742/2022 which was disposed of as per Ext.P2 judgment,

directing that further proceedings initiated against the petitioners

therein shall remain suspended on condition that the petitioners

remit a sum of `20 lakhs towards the loan liability on or before

06.12.2022 and also clear the balance amount together with

accrued interest and costs on or before 15.02.2023. The

aforesaid judgment was rendered on 24.11.2022. However, the WP(C) No.11286/2023

aforesaid conditions imposed by this Court as per Ext.P2 were

not complied with by the petitioners therein and consequently

recovery proceedings were recommenced and as part of the

same, the Advocate Commissioner appointed by the Chief

Judicial Magistrate issued Ext.P5 notice proposing to take

possession of the properties belonging to the petitioner herein,

on or before 23.02.2023. However, on that day the possession

was not taken and it is proposed to be taken on 30.03.2023.

This writ petition is submitted in such circumstances.

3. Heard Sri. K.M. Firoz, the learned counsel appearing

for the petitioner and Sri. Sunil Shankar, the learned counsel

appearing for the respondent.

4. When the matter was taken up today, the learned

counsel for the petitioner submits that he seeks a breathing time

for approaching the Debts Recovery Tribunal against the

proceedings that are being initiated against him. Considering the

fact that the prayer sought by the petitioner is very limited, I deem

it appropriate to dispose of this writ petition with the following

directions:

WP(C) No.11286/2023

The petitioner is permitted to approach the Debts Recovery

Tribunal by invoking his remedies under Section 17 of SARFAESI

Act. To enable the petitioner to do so, further proceedings

pursuant to Ext.P5 notice as regards the properties of the

petitioner herein which are covered as per Ext.P4 shall be kept in

abeyance for a period of three weeks from today.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE ncd WP(C) No.11286/2023

APPENDIX OF WP(C) 11286/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 01.08.2022 ISSUED BY THE AUTHORISED OFFICER OF THE RESPONDENT BANK REGARDING MULTI STORIED HOTEL BUILDING HAVING TOTAL BUILT UP AREA OF ABOUT 7775.40 SQUARE FEET KATHA NO 1558/42 AT HUNSUR BEGUR ROAD, 1ST WARD SARGUR TOWN, MYSORE DISTRICT Exhibit P2 . TRUE COPY OF THE JUDGMENT DATED 24.11.2022 IN WP(C) 25742 OF 2022 ON THE FILES OF HON'BLE HIGH COURT OF KERALA Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 16.02.2023 IN W.A. 112 OF 2023 ON THE FILES OF HON'BLE HIGH COURT OF KERALA Exhibit P4 A TRUE COPY OF THE POSSESSION NOTICE DATED 04.08.2022 ISSUED BY THE AUTHORISED OFFICER OF THE RESPONDENT BANK TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE ISSUED TO THE PETITIONER