Muhammed Ashraf vs Manjeri Co-Operative Urban Bank ...
2023 Latest Caselaw 10762 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE K. BABU
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      WP(C) NO. 32559 OF 2023
    AGAINST THE ORDER/JUDGMENT CMP 150/2019 OF CHIEF JUDICIAL
                        MAGISTRATE ,MANJERI
PETITIONER:

          MUHAMMED ASHRAF,
          AGED 51 YEARS
          S/O ABDULLA KURIKKAL,MANJERI PUTHUSSERI,
          ELLIKUTH,PAYYANAD, MALAPPURAM, KERALA, PIN - 676122

          BY ADV V.VISAL AJAYAN



RESPONDENT:

          MANJERI CO-OPERATIVE URBAN BANK LTD.,
          MALAPPURAM DIST, MANJERI BAZAR.PO, MALAPPURAM,
          PIN - 676122, REPRESENTED BY ITS SECRETARY
          BY ADV K.VIDYASAGAR



OTHER PRESENT:

          K VIDYASAGAR,SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32559 OF 2023
                                     2

                           K.BABU, J.
               ------------------------------------
                    WP(C).No.32559 of 2023
             --------------------------------------
          Dated this the 19th day of October, 2023

                           JUDGMENT

The prayers in this Writ Petition filed under Article 226 of

the Constitution of India are as follows:-

"(i) To issue a writ in the nature of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit P1 proceedings and quash the same as unsustainable under the Rule 8(6) security interest Enforcement Rules, 2002.

(ii) To issue a writ in the nature of mandamus or any other appropriate writ, order or directions to the respondent bank to provide 24 monthly instalments to pay due amount in the loan availed by the petitioner.

(iii) Issue a direction directing the respondent bank to regularize the account after receiving the overdue amounts due.

(iv) The petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

(v) Allow the writ petition with costs.

(vi) Grant such other further reliefs which this Hon'ble Court may be pleased to direct in the facts and circumstances of the case."

2. Heard both sides.

3. The learned Standing Counsel for the respondent

Bank, upon instructions, submits that the total amount due to

the Bank is Rs.19,62,177/- as on today. It is further submitted WP(C) NO. 32559 OF 2023

that the Bank is agreeable to permit the petitioner to remit the

total amount in equal monthly instalments. Provided the

petitioner to remit Rs.3,00,000/- on or before 20.11.2023.

The petitioner is agreeable to this submission.

4. In the above circumstances, the Writ Petition is

disposed of with the following directions:-

(i) The petitioner shall remit Rs.3,00,000/-

on or before 20.11.2023.

(ii) The petitioner shall remit the remaining

amount with any accrued interest and charges

in ten equal monthly instalments.

(iii) The first instalment shall be paid on or

before 30.12.2023 and subsequent

instalments shall be paid on the last working

day of every succeeding month.

(iv) In the event of default of any one

instalment, the respondent Bank is entitled to

proceed in accordance with law.

(v) The proceedings initiated under the

SARFAESI Act against the petitioner shall be WP(C) NO. 32559 OF 2023

kept in abeyance to facilitate repayment as

stated above.

(vi) C.M.P.No.150/2019 pending before the

Chief Judicial Magistrate Court, Manjeri shall

be kept alive.

Sd/-

K.BABU, JUDGE saap WP(C) NO. 32559 OF 2023

APPENDIX OF WP(C) 32559/2023

PETITIONER EXHIBITS

ExhibitP 1 TRUE COPY NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN CMP NO.150/2019 PENDING FILE OF CHIEF JUDICIAL MAGISTRATE COURT,MANJERI DATED 13.09.2023

//True copy//PA to Judge