Kerala High Court
M/S.Top Classes vs Indian Bank on 3 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA,
1946
WP(C) NO. 10993 OF 2024
PETITIONER:
M/S.TOP CLASSES, AGED 49 YEARS
PROPRIETRIX, SHERIN.A.M., AGED 49 YEARS,
W/O.N.SHAMNAD, NO.5, 563B, HIGH POINT,
ELIPPAKUZHI ROAD, SAINIK SCHOOL, KAZHAKUTTAM,
THIRUVANANTHAPURAM., PIN - 695085
BY ADV A.P.LALY @ LALY VINCENT
RESPONDENTS:
1 INDIAN BANK
THIRUVANANTHAPURAM MAIN BRANCH, P.B.NO.45,
INDIAN BANK TOWERS, M.G.ROAD,, REPRESENTED BY
ITS ASSISTANT GENERAL MANAGER., PIN - 695001
2 THE RECOVERY OFFICER, INDIAN BANK,
THIRUVANANTHAPURAM MAIN BRANCH, P.B.NO.45,
INDIAN BANK TOWERS, M.G.ROAD., PIN - 695001
SRI BINOY VASUDEVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).10993/2024 2
N. NAGARESH, J.
----------------------------
W.P.(C) No.10993 of 2024
--------------------------------------------------
Dated this the 3rd day of April, 2024
JUDGMENT
When the first respondent-Bank initiated coercive
proceedings for recovery of the loan advanced to the petitioner,
the petitioner has filed this Writ Petition seeking the following
reliefs:
(i) Issue a writ or direction to call for the records in
connection with M.C. No. 1183 of 2022 of the Chief Judicial
Magistrate Court, Thiruvananthapuram and quash the
Exhibit P10 order of the appointment of the advocate
commissioner;
(ii) Issue a writ of mandamus or any other writ, order or
direction directing the respondents to given an opportunity
to the petitioner to regularize her term loan or permit her to
propose the onetime settlement amount and reinstate the
petitioner into the possession of the securitized property of
her term loan;
(iii) Issue a writ of mandamus or any other writ, order or
direction directing the respondents to receive the actual
loan amount of the petitioner's term loan with the admitted
interest without imposing her to pay the dues and loan
amount of her husband Shamnad;
(iv) Issue a writ of mandamus or any other writ, order or
direction directing the 1st respondent to issue the entire
actual loan amount, repayment of the loan amount,
interest, penal interest to the petitioner, forthwith;
(v) To issue a writ of mandamus or any other appropriate
writ order or direction directing the High Court Registry' to
number the case by dispensing the translation of the
documents produced by the petitioner in vernacular
language;
(vi) Any other order or direction which may deems fit and
proper in the interest of justice.
2. It is to be noted that Ext.P10 order in
M.C.No.1183/2022 which is subjected to challenge in this Writ
Petition has been passed by the Chief Judicial Magistrate's
Court, Thiruvananthapuram on 12.10.2022, more than one year
ago. The pleadings in this Writ Petition would show that the
petitioner had earlier filed W.P(C).No.2410/2022 and this Court
disposed of the said Writ Petition as per Ext.P3 judgment dated
19.01.2023 wherein the petitioner was permitted to pay the
overdue amount of Rs.44,13,095/- in respect of both the loans in
15 equal monthly installments. It is evident that the petitioner
has not adhered to the time schedule for payment prescribed by
this Court in Ext.P3 judgment.
3. The petitioner thereafter filed W.P(C).No.38364/2023
submitting a proposal for settlement of loan account through
One Time Settlement Scheme. The said Writ Petition was
disposed of by this Court as per Ext.P4 judgment dated
17.11.2023 directing that if the petitioner deposits Rs.3 Lakhs on
or before 30.11.2023 and makes a fresh proposal for OTS, the
respondent shall consider the same in accordance with law.
4. The petitioner again filed W.P(C).No.40638/2023.
That Writ Petition was disposed of directing that if the petitioner
remits an amount of Rs.3,43,084/- within a period of one week
and makes a further payment of 10% of the outstanding amount
on or before 20.12.2023, coercive proceedings shall stand
deferred. R.P.No.1368/2023 filed by the petitioner against
Ext.P7 was dismissed as per Ext.P8 judgment dated
22.12.2023.
5. In the meanwhile, the petitioner had filed
S.A.No.5/2024 before the Debts Recovery Tribunal, Ernakulam.
The Debts Recovery Tribunal has not granted any relief to the
petitioner. Taking into consideration all the aforesaid facts, I am
not inclined to entertain this Writ Petition. The challenge against
M.C.No.1183/2022 of the Chief Judicial Magistrate's Court is
highly belated.
The Writ Petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
Sbna/
APPENDIX OF WP(C) 10993/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTITION DEED
NO.2156/2004 DATED 21/6/2004 SRO
KAZHAKOOTTAM THRIRUVANATHA PURAM DISRICT
Exhibit P2 TRUE COPY OF THE NOTICE DATED 11.10.2021
ISSUED UNDER SECTION 13(2) OF THE
SARFAESI ACT.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
19.01.2023 IN W.P.(C) NO. 2410 OF 2022
PASSED BY THIS HONOURABLE COURT.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
17.11.2023 IN W.P.(C) NO.38364 OF 2023
PASSED BY THIS HONOURABLE COURT.
Exhibit P5 TRUE COPY OF THE E-MAIL DATED 30.11.2023
BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE E-MAIL DATED 30.11.2023
ISSUED FROM THE 2ND RESPONDENT TO THE
PETITIONER.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
04.12.2023 IN W.P.(C) NO. 40638 OF 2023
PASSED BY THIS HONOURABLE COURT.
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
22.12.2023 IN REVIEW PETITION NO. 1368
OF 2023 PASSED BY THIS HONOURABLE COURT.
Exhibit P9 TRUE COPY OF THE ORDER DATED 08.01.2024
OF THE DEBT RECOVERY TRIBUNAL IN S.A.NO.
5 OF 2024.
Exhibit P10 TRUE COPY OF THE ORDER DATED 12.10.2022
IN M.C.NO. 1183 OF 2022 PASSED BY THE
CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM.
Exhibit P11 TRUE COPY OF THE AFFIDAVIT AND PETITION
FILED BY THE RESPONDENT BANK IN M.C.NO.
1183 OF 2022 ON THE FILE OF THE
HONOURABLE CHIEF JUDICIAL MAGISTRATE
COURT, THIRUVANANTHAPURAM DATED
20.09.2022.
Exhibit P12 TRUE COPY OF THE AFFIDAVIT AND PETITION
IN M.P.NO. 157 OF 2024 IN M.C.NO. 1183
OF 2022 ON THE FILE OF THE HONOURABLE
CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM.
Exhibit P13 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT BANK IN C.M.P.NO. 157 OF 2024
IN M.C.NO. 1183 OF 2022 ON THE FILE OF
THE HONOURABLE CHIEF JUDICIAL MAGISTRATE
COURT, THIRUVANANTHAPURAM DATED
18.01.2024.
Exhibit P14 TRUE COPY OF THE ORDER OF THE HONOURABLE
CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM DATED 22.01.2024 IN
C.M.P.NO. 157 OF 2024 IN M.C.NO. 1183 OF
2022.
Exhibit P15 TRUE COPY OF THE INTERIM REPORT DATED
17.01.2024 IN M.C.NO. 1183 OF 2022 ON
THE FILE OF THE HONOURABLE CHIEF
JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM.
Exhibit P16 TRUE COPY OF THE STATEMENT OF THE BANK
ACCOUNT OF GECLS LOAN OF THE PETITIONER
DATED 10.01.2024.
Exhibit P17 TRUE COPY OF THE STATEMENT OF THE BANK
ACCOUNT OF TERM LOAN OF THE PETITIONER
DATED 12.02.2024.
Exhibit P18 TRUE COPY OF THE TAX RECEIPT DATED
25.04.2023 OF THE PETITIONER'S PROPERTY.
