Asaf Ali vs Union Bank Of India
2023 Latest Caselaw 5875 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   WP(C) NO. 15593 OF 2023




PETITIONER:

         ASAF ALI
         AGED 50 YEARS, S/O ABDUL KALAM,
         PROPRIETOR, M/S GLOBAL NISSIN ENTERPRISES,
         BROTHERS BUILDING, VMC VI481-C, MAITHANAM,
         VARKALA, THIRUVANANTHAPURAM, PIN - 695141
         BY ADVS.
         S.MOHAMMED AL RAFI
         THAJUNA MARIA FRANCIS




RESPONDENT:

          UNION BANK OF INDIA
          REPRESENTED BY BRANCH MANAGER,
          VARKALA BRANCH, STATION ROAD,
          OPPOSITE RAILWAY STATION, VARKALA, PIN - 695141
OTHER PRESENT:

         SRI.A.S.P.KURUP, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.15593/2023

                                            2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.15593 of 2023
             ----------------------------------------------
            Dated this the 24th day of May, 2023


                                 JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to Ext P1 and quash the same by Writ of Certiorari.

ii. Issue Writ of Mandamus commanding the respondent to renew the Cash credit Loan in favour of the petitioner (Account No.560361000024752) forthwith.

iii. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

iv. Kindly issue direction dispensing with the production of English translation of Malayalam documents.

(SIC)

2. Petitioner is the proprietor of M/s.Global Nissin

Enterprises. He availed cash credit facility from the

respondent Bank with the limit of Rs.15 lakhs. It is the case of

the petitioner that he is promptly maintaining this account WP(C).No.15593/2023

without committing any default in repayment. It is also stated

that in respect of a loan availed by one Sheikh Ali, the

petitioner was the guarantor. There is default in that account.

Hence the respondent issued Ext.P1, recalling the cash credit

facility given to the petitioner. Aggrieved by the same, this

writ petition is filed.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the respondent.

4. The definite case of the petitioner is that there is no

default in repaying the amount due in the cash credit facility

availed by the petitioner and hence, issuance of Ext.P1 to

recall the cash credit facility is illegal. The petitioner

submitted Ext.P2 representation before the respondent

narrating his grievance. If that be the case, there can be a

direction to the respondent to consider Ext.P2 and till then, all

further proceedings based on Ext.P1 can be stayed.

Therefore, this writ petition is disposed of in the

following manner:

1. The respondent is directed to consider and pass

appropriate orders in Ext.P2, after affording an

opportunity of hearing to the petitioner, as WP(C).No.15593/2023

expeditiously as possible, at any rate, within one

month from the date of receipt of a stamped

certified copy of this judgment.

2. Till final orders are passed in Ext.P2, all further

proceedings based on Ext.P1 is deferred.

3. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.15593/2023

APPENDIX OF WP(C) 15593/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 24-04-

2023 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE LETTER DATED 25-04-

2023 SUBMITTED BY THE PETITIONER TO RESPONDENT Exhibit P3 TRUE COPY OF THE LICENSE DATED 11-04-

2023 ISSUED TO THE PETITIONER BY THE VARKALA MUNICIPALITY