Kerala High Court
Subith P vs Union Bank Of India on 15 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF FEBRUARY 2024/26TH MAGHA, 1945
WP(C) NO. 41259 OF 2023
PETITIONERS:
1 SUBITH P
AGED 46 YEARS
S/O SUBRAHMANIAN P
PANDIYATH HOUSE P.O.,
KUNNAMANGALAM MIE,
KOZHIKKODE TALUK,
PIN - 673571
2 SUJITH P
AGED 41 YEARS
S/O SUBRAHMANIAN P
PANDIYATH HOUSE P.O.,
KUNNAMANGALAM MIE,
KOZHIKKODE TALUK,
KOZHIKKODE DISTRICT,
PIN - 673571
BY ADVS.
RAFEEK. V.K.
VICTOR ANTONY NOONE
R.RAJASREE (CHUTTIMATTATHIL)
SALMAN FARIS
RESPONDENTS:
1 UNION BANK OF INDIA
REPRESENTED BY ITS MANAGER,
REGIONAL OFFICE KOZHIKKODE KSHB COMPLEX,
VIKAS NAGAR CHAKKORATHUKULAM,
KOZHIKKODE, PIN - 673006
W.P.(C) No.41259/2023
:2:
2 THE AUTHORIZED OFFICER
THE UNION BANK OF INDIA REGIONAL OFFICE
KOZHIKKODE KSHB COMPLEX, VIKAS NAGAR
CHAKKORATHUKULAM, KOZHIKKODE, PIN - 673006
BY ADVS.
MURALIKRISHNAN C
ABRAHAM GEORGE JACOB(K/003159/1999)
P.I.RAHEENA(K/283/2015)
SHAHNA(K/001380/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.41259/2023
:3:
N. NAGARESH, J.
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W.P.(C) No.41259 of 2023
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Dated this the 15th day of February, 2024
JUDGMENT
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The petitioners availed a business loan of ₹13
lakhs from the 1st respondent-Bank in the year 2018. A
property of 2.023 Ares of land in Kunnamangalam Village of
Kozhikode Taluk was given as security. When repayments
were defaulted, the Bank declared the loan account as NPA.
Proceedings were initiated under the Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 against the mortgaged property.
2. The petitioners state that proceedings were
initiated without issuing demand notice and the mortgaged
property was taken possession of by the Bank on 24.06.2022
for realisation of ₹14,80,694.07. The property was put to
sale on 28.10.2022 as per Ext.P1 sale notice. The
petitioners filed W.P.(C) No.32613/2022. This Court
permitted the petitioners to repay the outstanding amount in
15 instalments as per Ext.P2 judgment.
3. The petitioners could not pay the amount as
directed by this Court. The Bank again issued Ext.P3 sale
notice dated 21.08.2023 for recovery of ₹15,31,487.77. The
petitioner challenged Ext.P3 sale notice in Debts Recovery
Tribunal filing SA No.524/2023. The Tribunal granted a
conditional stay and directed not to confirm the sale till
20.01.2024 subject to the petitioners paying ₹1,91,500/- on
or before 29.12.2023 as first instalment and another
₹1,91,500/- on or before 29.01.2024 as second instalment.
Ext.P4 is the order in IA No.4138/2023. Now, the petitioners
have been issued with Ext.P5 notice of the Advocate
Commissioner seeking to take possession of the property.
4. The petitioners seek to quash Ext.P5 and to direct
the respondent-Bank to permit the petitioners to remit
payment as per the time granted by the Debts Recovery
Tribunal.
5. I have heard the learned counsel for the
petitioners and the learned Standing Counsel representing
respondents 1 and 2.
6. The grievance of the petitioners is relating to
Ext.P5 notice of the Advocate Commissioner proposing to
take over possession of the mortgaged property, when the
Debts Recovery Tribunal has granted an interim order in
favour of the petitioners to remit certain amount in
instalments.
7. When Ext.P3 sale notice dated 21.08.2023 was
published, the petitioners filed IA No.4138/2023 for stay in
SA No.534/2023. The Debts Recovery Tribunal stayed
further proceedings and directed not to confirm the sale till
20.01.2024 subject to the petitioners paying ₹1,91,500/-
before 29.12.2023 and another ₹1,91,500/- before
29.01.2024. While this interim order is current, the Advocate
Commissioner issued Ext.P5 notice pursuant to Section 14
proceedings, on 25.12.2023.
8. When this writ petition came up for admission, the
Standing Counsel representing the Bank submitted that there
were no bidders to purchase the secured asset and that if
the petitioners pay that amount by 29.12.2023 as directed by
the Debts Recovery Tribunal, the respondents will defer
further coercive proceedings for the time being.
9. Now that the date 29.01.2024 prescribed by the
Tribunal for making the second instalment is over, this writ
petition has become infructuous.
In the circumstances, the writ petition is disposed
of directing the Debts Recovery Tribunal to finally dispose of
IA No.4138/2023 and SA No.524/2023 expeditiously.
Sd/-
N. NAGARESH, JUDGE
aks/23.02.2024
APPENDIX OF WP(C) 41259/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF SALE NOTICE DATED
17.09.2022.
Exhibit P2 TRUE COPY OF THE JUDGMENT IN WPC
32613/2022 DATED 14.10.2022.
Exhibit P3 TRUE COPY OF SALE NOTICE DATED
21.08.2023 ISSUED BY THE DEFENDANT
BANK.
Exhibit P4 TYPED COPY OF THE ORDER OF THE
HONOURABLE DEBT RECOVERY TRIBUNAL IN
I.A NO.4138/2023 IN S.A NO.524/2023
DATED 29.11.2023.
Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER IN CMP
NO.1950/2023 BEFORE THE CHIEF JUDICIAL
MAGISTRATE COURT KOZHIKKODE.
