Kerala High Court
Muhammed Sadique vs The District Collector on 25 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WP(C) NO. 16568 OF 2024
PETITIONER:
MUHAMMED SADIQUE
AGED 36 YEARS
S/O ALAVI NADUVATH HOUSE,
MUNDILAKKAL THAVANOOR VILLAGE, PONNANI TALUK,
MALAPPURAM DISTRICT, PIN - 679573
BY ADVS.
SALMAN FARIS
RAFEEK. V.K.
VICTOR ANTONY NOONE
U.M.HASSAN
ASWIN K.R.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CONFERENCE HALL, COLLECTRATE RD, UP HILL, MALAPPURAM,
KERALA, PIN - 676505
2 DEPUTY TAHASILDAR
TALUK OFFICE KONDOTTY KONDOTTY, KERALA, PIN - 673638
3 KERALA CO-OPERATIVE BANK ( KERALA BANK)
REPRESENTED BY ITS BRANCH MANAGER,
KIZHISSERI BRANCH,KIZHISSERI, KUZHIMANNA P.O,
PIN - 673641
SRI. GILBERT GEORGE CORREYA - SC
SRI. AJITH VISWANATHAN - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) . No. 16568 of 2024
2
JUDGMENT
Dated this the 25th day of April, 2024
The petitioner is challenging the recovery proceedings initiated
against him under the Secularization and Reconstruction of
Financial Assests and Enforcement of Security Interest Act, 2002.
The petitioner has availed a credit facility from the respondent Bank
and consequent to the default committed by the petitioner in
repaying the amount, the said account is declared as NPA.
Accordingly, recovery proceedings have been initiated which is
impugned in this writ petition.
2. Heard Sri. Salman Faris learned counsel for the
petitioner, Sri. Gilbert George Correya the learned standing counsel
for the 3rd respondent and Sri. Ajith Viswanathan the learned
Government Pleader for the 1st and 2nd respondents.
3. The learned counsel appearing for the Bank submits that
as on date, an amount of Rs.2,29,167/- is overdue in the loan. It is
submitted by the learned counsel for the Bank upon instructions
that, they are amenable for granting an opportunity to the
petitioner to regularise the loan account by paying the entire
instalment overdue along with interest in reasonable monthly
instalments.
In such circumstances, this writ petition is disposed of
granting an opportunity to the petitioner to regularise the loan
account by paying the instalment overdue as mentioned above
along with interest due thereon in 6 (six) equal monthly
instalments commencing from 01.06.2024 onwards. The
subsequent instalments shall be paid by the petitioner on the 1 st
day of every succeeding months. Along with the aforesaid payment,
regular monthly instalment shall also be paid. In case of default on
the part of the petitioner in payment of any of the instalments
including regular monthly instalments, the aforesaid facility shall
stand cancelled, upon which the Bank will be at liberty to proceed
with the recovery proceedings. Subject to the above direction, the
recovery proceedings against the petitioner is directed to be kept in
abeyance.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
AP
APPENDIX OF WP(C) 16568/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FORM 1 NOTICE UNDER
SECTION 7 OF THE KERALA REVENUE RECOVERY
ACT DATED 06.04.2024
Exhibit P2 TRUE COPY OF THE FORM 10 NOTICE UNDER
SECTION 34 OF THE KERALA REVENUE RECOVERY
ACT DATED 09.04.2024
