Kerala High Court
Mohammed Ashraf K vs Central Bank Of India on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 20409 OF 2024
PETITIONER:
MOHAMMED ASHRAF K
AGED 47 YEARS
S/O MOIDEEN KOYA, KOROLATH HOUSE, MOOZHIKKAL,
CHELAVOOR P.O KOZHIKODE, KERALA, PIN - 673571
BY ADVS.
P.SANJAY
A.PARVATHI MENON
JALEEL.T.
BIJU MEENATTOOR
PAUL VARGHESE (PALLATH)
KIRAN NARAYANAN
RAHUL RAJ P.
MUHAMMED BILAL.V.A
MEERA R. MENON
BASILA BEEGAM
DEVIKA S. PRASAD
RESPONDENTS:
1 CENTRAL BANK OF INDIA
REPRESENTED BY ITS AUTHORIZED OFFICER, CALICUT
BRANCH, INDO ARCADE BUILDING, CHEROOTY ROAD,
KOZHIKODE, KERALA., PIN - 673032
2 CENTRAL BANK OF INDIA
REPRESENTED BY ITS AUTHORIZED OFFICER, CHELAVOOR
BRANCH, 1ST FLOOR, C V COMPLEX, WAYANAD ROAD,
MOOZHIKKAL, CHELAVOOR, KERALA, PIN - 673571
SRI.K.M. ANEESH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.20409 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:
"i. Issue a writ of mandamus or any other
appropriate writ, order, or direction directing the
Respondent Bank to permit the petitioner to pay the
entire outstanding loan amount in 20 monthly
installments or as a one lump sum payment under
the OTS scheme;
ii. Issue an order restraining the respondent Bank
from dispossessing the petitioner from the secured
assets;
iii. Dispense with the filing of translation of
vernacular documents;
iv. Grant such other relief which this Hon'ble Court
deems just and necessary as may be prayed for by
the petitioner at the time of hearing."
2. This Court has granted indulgence to the petitioner
vide interim order dated 08.07.2024 and the petitioner has
complied with the interim order by paying Rs.2 lakhs upfront
amount. The learned counsel for the respondent Bank submits
that as of today, the total outstanding is Rs.15,81,965/- and the
loan is to be repaid upto 2026. The learned counsel for the
petitioner submits that the petitioner will discharge the entire
WP(C) NO.20409 OF 2024
loan liability along with future interest in installments as this
Court may fix.
3. The learned counsel for the respondent Bank did not
have much objection with the said prayer of the learned counsel
for the petitioner except that the petitioner should pay the entire
outstanding loan within the term of the loan, i.e, January 2026.
Considering the aforesaid submission and the stand of the
Bank, the present Writ Petition is disposed of with the following
terms:
1. The petitioner shall pay the entire outstanding dues
of the Bank along with future interest in 15 equal monthly
installments. The 1st installments is to be paid on or before
7.9.2024 and the remaining 14 installments to be paid on or
before 7th day of each succeeding month.
2. In case of failure to make the first installment or any
subsequent installments, the Bank shall be free to proceed with
the SARFAESI proceedings against the petitioner for realization
of the overdue loan amount, in accordance with law.
SD/-DINESH KUMAR SINGH,
JUDGE
lsn
WP(C) NO.20409 OF 2024
APPENDIX OF WP(C) 20409/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 3.08.2023
Exhibit P2 TRUE COPY OF THE NOTICE OF POSSESSION
ISSUED BY THE ADVOCATE COMMISSIONER
DATED 26.05.2024 TO THE PETITIONER.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
