Kerala High Court
Gogy C.A vs Central Bank Of India on 5 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13354 OF 2024
PETITIONER/S:
GOGY C.A
AGED 48 YEARS
S/O ANTONY, CHATHELY HOUSE, THAZHEKAD P.O,
THRISSUR, PIN - 680697
BY ADVS.
K.S.HARIHARAPUTHRAN
PINKU MARIAM JOSE
K.M.FATHIMA
RESPONDENT/S:
1 CENTRAL BANK OF INDIA
IRINJALAKUDA BRANCH, OPP TO MUNICIPAL BUS STAND,
KATTOOR ROAD, THRISSUR, REPRESENTED BY ITS MANAGER.,
PIN - 680001
2 STATE OF KERALA REPRESENTED BY REVENUE SECRETARY
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
TRIVANDRUM., PIN - 695001
3 DEPUTY TAHSILDAR (R.R)
TALUK OFFICE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN -
680307
4 VILLAGE OFFICER
THAZHEKAD VILLAGE, CHALAKKUDY,THRISSUR DISTRICT., PIN -
680697
SRI. K M ANEESH (SC),
SRI. BINOY DAVIS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13354 OF 2024 2
JUDGMENT
Petitioner has approached this Court, challenging
proceedings initiated by the 1st respondent Bank under the
provisions of the Revenue Recovery Act, for recovery of the
amounts due from the petitioner.
2. Learned counsel appearing for the petitioner submits
that the petitioner had taken MSME loans from the 1st
respondent bank, but he could not repay the loan because of
the financial crisis. During course of hearing, petitioner has
confined the relief to an opportunity for repaying the liability
in instalments.
3. Learned counsel appearing for the 1st respondent
bank submits that regularisation is not possible. It is further
submitted that though proceedings for recovery have been
initiated, as a matter of indulgence, the 1 st respondent bank is
willing to accept the repayment of the outstanding amount in
limited instalments. According to the learned counsel
appearing for the 1st respondent, as on 25.08.2023, balance
amount which is liable to be repaid is Rs.1,74,654/- (Rupees
One lakh seventy four thousand six hundred and fifty four
only) and the petitioner can be permitted to clear the same in
some reasonable instalments.
4. Having regard to the circumstances of the case
and the submissions made as recorded above, I am of the
view that the petitioner can be granted an opportunity to
repay the outstanding amount in twelve instalments.
5. Accordingly, there will be a direction to the
respondent bank to accept repayment of the entire
outstanding amount of Rs.1,74,654/- (Rupees One lakh
seventy four thousand six hundred and fifty four only) along
with accrued interest and bank charges from the petitioner in
the following manner:
(i) The outstanding amount of Rs.1,74,654/- (Rupees One lakh
seventy four thousand six hundred and fifty four only) shall
be repaid in twelve equated monthly instalments along with
any accrued interest/costs;
(ii) The first instalment shall be paid on or before 30.04.2024
and the subsequent instalments shall be paid on or before
the last working day of the succeeding months;
(iii) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in accordance
with law;
(iv) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
APPENDIX OF WP(C) 13354/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE NO RRC
2023/11381/08 DATED 18.2.2024 UNDER SECTION
34 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
Exhibit P1(a) TRUE COPY OF THE DEMAND NOTICE NO RRC
2023/11381/08 DATED 18.2.2024 UNDER SECTION 7
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
