Muhammed Haji vs The Kottakkal Co-Operative Urban Bank ...
2024 Latest Caselaw 10431 Ker

Kerala High Court

Muhammed Haji vs The Kottakkal Co-Operative Urban Bank ... on 11 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                 WP(C) NO. 14974 OF 2024
PETITIONER:

         MUHAMMED HAJI
         AGED 66 YEARS, S/O. ALAVI,
         KATTIL HOUSE, PANTHARANGADI P.O.,
         TIRURANGADI MALAPPURAM PIN - 676306.

         BY ADVS.
         K.P.SUDHEER
         BHAVANA J. MENON


RESPONDENTS:

   1     THE KOTTAKKAL CO-OPERATIVE URBAN
         BANK LIMITED NO. 1378
         P.O. KOTTAKKAL, MALAPPURAM DISTRICT,
         REPRESENTED BY ITS GENERAL MANAGER/
         AUTHORISED OFFICER, PIN - 676503.

   2     MANAGER
         THE KOTTAKKAL CO-OPERATIVE URBAN
         BANK LIMITED NO. 1378, CHEMMAD BRANCH,
         CHEMMAD, MALAPPURAM DISTRICT - 676306.

         BY ADVS.
         DEVAPRASANTH P.J
         SMINI JOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.14974 of 2024

                                :2:




                        JUDGMENT

Dated this the 11th day of April, 2024

The petitioner, who has availed Cash Credit Facility of

₹1 Crore from the 1st respondent-Bank in the year 2022, has

approached this Court seeking the following reliefs:-

"i) Issue a writ of mandamus or any other appropriate writ, order or a direction commanding the respondents to permit the petitioner to pay the interest amount in instalments for renewing the loan account covered by Ext.P5.

ii) Direct the respondents to grant reasonable and easy instalment facility for repaying the amount covered by Ext.P5.

iii) Dispense with filing of the translation of vernacular documents.

iv) Grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of this case"

2. Standing Counsel entered appearance and

submitted that the loan account was declared as NPA in the

month of March, 2023 and the sale of the secured asset is

scheduled to be held on 23.04.2024. The total outstanding

amount payable by the petitioner as on date is

₹1,19,10,936/-.

3. Ordinary, the petitioner's loan account cannot be

regularised. However, if the petitioner makes a substantial

payment before 22.04.2024 and provides requisite

documents, his application for renewal of Cash Credit Facility

can be considered.

4. Taking into consideration the facts of the case, I

am inclined to grant interim order in favour of the petitioner

on strict conditions.

The writ petition is therefore disposed of directing that if

the petitioner remits an amount of ₹20 lakhs on or before

22.04.2024 and makes an application for renewal of Cash

Credit Facility along with requisite supporting documents, the

respondents shall consider the same in accordance with law.

If the petitioner remits the amount before 22.04.2024 as

directed above, coercive proceedings against the petitioner

shall stand deferred.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 14974/2024

PETITIONER EXHIBITS EXHIBIT P 1 TRUE COPY OF LETTER DATED 15/11/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P 2 TRUE COPY OF NOTICE DATED 07/12/2022 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P 3 TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM EMS MEMORIAL COOPERATIVE HOSPITAL AND RESEARCH CENTRE LTD.

PERINTHALMANNA EXHIBIT P 4 TRUE COPY OF STATEMENT OF ACCOUNT FOR THE PERIOD COMMENCING FROM 01/04/2022 TO 22/11/2023 IN RESPECT OF THE LOAN IN QUESTION EXHIBIT P 5 TRUE COPY OF NOTICE FOR SALE DATED 04/03/2024 ISSUED BY THE FIRST RESPONDENT