Niyas M vs Bank Of India Represented By Authorised ...
2024 Latest Caselaw 9607 Ker

Kerala High Court

Niyas M vs Bank Of India Represented By Authorised ... on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                WP(C) NO. 11195 OF 2024
PETITIONER:

         NIYAS M.,
         AGED 46 YEARS,
         S/O MUHAMED KUNJU,
         588, OUTHALPARAMBU,
         NEERKUNNAM, VANDANAM P.0,
         ALAPPUZHA, PIN - 688005

         BY ADVS.
         ASHIS A.
         A.B.MOHANAKUMAR


RESPONDENT:

         BANK OF INDIA,
         REPRESENTED BY AUTHORISED OFFICER,
         ALAPPEY XIV/21/A,
         CCSB ROAD,
         EAST OF IRON BRIDGE,
         PB NO4201,
         ALAPPEY, PIN - 688011

         BY ADV.JAWAHAR JOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.11195/2024
                                      :2:




                              JUDGMENT

Dated this the 4th day of April, 2024

The writ petition was filed by the petitioner

seeking the following reliefs:

"i) A writ of mandamus to the respondents to settle the loan, applying the special deductions declared in the wake of Covid-19 pandemic by the Government of India and the Reserve Bank of India, or any other settlement scheme in vogue at present.

ii) An order allowing the petitioner to clear the outstanding arrears in the loan in instalments.

iii) Any other appropriate relief to the petitioner as this Court may deem fit and proper in the interest of justice."

2. When this writ petition came up for admission,

this Court passed an interim order on 19.03.2024 to the

following effect:

"Standing Counsel representing the respondent strongly opposes grant of any leniency to the petitioner contending that the total outstanding amount payable by the petitioner as on 19.03.2024 would exceed ₹1,21,71,797/-. The Standing Counsel would urge that the petitioner has means to pay off the entire liability and the writ petition has been filed to delay and defeat the recovery process.

2. I find that the petitioner has availed a Cash Credit facility as well as GECL loan. The outstanding amount towards the Cash Credit facility is ₹94,07,534/- and the outstanding amount towards the GECL is ₹27,64,263/-.

3. In the facts of the case, there will be an interim order directing that if the petitioner clears dues towards the GECL loan account on or before 27.03.2024, coercive proceedings against the petitioner shall stand deferred till 04.04.2024.

Post on 04.04.2024."

3. The counsel for the petitioner today submits that

inspite of the direction of this Court, the petitioner has not

paid ₹27,64,263/-.

4. Heard.

5. The total liability of the petitioner is more than

₹1,21,71,797/- (as on 19.03.2024). The petitioner could not

pay even a part of the said amount as directed by this

Court.

In the circumstances, the petitioner is not entitled

to any further relief in the writ petition. The writ petition is

therefore dismissed.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 11195/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF POSSESSION NOTICE DATED 18 01-2024 ISSUED UPON THE PETITIONER BY THE RESPONDENT BANK