Brahmagiri Development Society vs The Union Bank Of India
2024 Latest Caselaw 23040 Ker

Kerala High Court

Brahmagiri Development Society vs The Union Bank Of India on 1 August, 2024

W.A.No.1079 of 2024
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          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
   THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
                            MUSTAQUE
                                 &
              THE HONOURABLE MR. JUSTICE S.MANU
 THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
                       WA NO. 1079 OF 2024
 AGAINST THE JUDGMENT DATED 27.6.2024 IN WP(C) NO.17738 OF
                2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:

          BRAHMAGIRI DEVELOPMENT SOCIETY
          DOOR NO.V/378, PATHIRIPALAM, KOLAGARA P.O.,
          MEENANGADI, WAYNAD DISTRICT, REPRESENTED BY ITS
          CHIEF EXECUTIVE OFFICER, SUNIL KUMAR, AGED 60
          YEARS, S/O.VELAPPAN PILLAI, 'VAISHNAVAM',
          KULATHUPUZHA P.O., KOLLAM DISTRICT, PIN - 673592
          BY ADVS.
          LATHA ANAND
          M.N.RADHAKRISHNA MENON
          K.R.PRAMOTH KUMAR
          S.VISHNU (ARIKKATTIL)
          SIDHARTH P.S.
          RADHAKRISHNA PILLAI B


RESPONDENT/S:

          THE UNION BANK OF INDIA
          REPRESENTED BY ITS AUTHORIZED OFFICER,
          MOOZHAYIL COMPLEX, SULTHAN BATHERY,
          WAYANAD DISTRICT, PIN - 673 592
          BY ADV C.MURALIKRISHNAN

THIS   WRIT   APPEAL    HAVING   COME   UP   FOR   ADMISSION   ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOL-
LOWING:
 W.A.No.1079 of 2024
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                              JUDGMENT

Dated this the 1st day of August, 2024

A. Muhamed Mustaque, Acg. C.J.

The appellant is a borrower. When the appellant

approached this Court on an earlier occasion

challenging the SARFAESI proceedings, he was

relegated to approach the Debt Recovery Tribunal.

Again the appellant approached this Court seeking

instalment facility. But the learned Single Judge

did not interfere with the matter.

We are also not inclined to interfere with the

matter. However, if the appellant clears the entire

overdue amount in four instalments starting from

this month onwards, the respondent Bank shall

consider the revival proposal and take appropriate

decision. If the appellant commits default in

paying any one of the instalments, the instalment

facility will stand forfeited. Coercive steps shall

be deferred in tune with the above directions.

The writ appeal is disposed of as above.

Sd/-

A. Muhamed Mustaque, Acting Chief Justice

Sd/-

S. Manu Judge vpv