Kerala High Court
P.A. Muhammed vs The Manager on 15 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 6008 OF 2024
PETITIONER:
P.A. MUHAMMED, AGED 56 YEARS, S/O. ABDUL KHADER,
PADIYATH MANAPPATT, EDAVILANGU P.O., KODUNGALLUR,
THRISSUR, PIN - 680671
BY ADV SHABU SREEDHARAN
RESPONDENTS:
1 THE MANAGER, KSFE EDAPPALLY BRANCH, NEAR MAJ
HOSPITAL, TOLL JN., EDAPPALLY, ERNAKULAM,
PIN - 682024
2 THE SPECIAL DEPUTY TAHSILDAR (RR V)KSFE,
P.B. NO. 510, CHEMBOOKKAVU, THRISSUR,
PIN - 680020
SRI SALIL NARAYANAN K A, SC FOR KSFE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
wpc 6008 of 2024 2
JUDGMENT
The petitioner states that he subscribed 5 chitties for a sum of Rs.50 lakhs
each from the 1st respondent. He states that the chits were prized and for
securing the amounts, immovable property owned by him was mortgaged. He
contends that the petitioner was running a hotel business and suffered serious
losses due to the lockdown imposed during the pandemic. He committed default
in paying the amounts consequent to which, he has been served with Ext.P2
notice. It is in the afore circumstances this writ petition is filed seeking issuance
of directions to the respondent bank to permit the petitioner to grant an
opportunity to clear off the dues.
2. The learned standing counsel appearing for the respondents
submitted that the petitioner has not paid a single paise from 2018 onwards.
According to the learned counsel, the total outstanding as of date is
Rs.2,04,11,181/-. It is submitted that the bank is not averse to granting the
petitioner an opportunity to clear the outstanding provided the petitioner remits
a sum of Rs.10 lakhs on or before 31.03.2024 and a further sum of Rs.10 lakhs
on or before the end of April. If the same is done, the balance amount can be
paid by the petitioner in 6 installments.
3. The learned counsel appearing for the petitioner requests that he be
granted 10 installments to pay the balance amount.
4. I have considered the submissions advanced and have carefully
gone through the records.
5. Upon careful consideration of the submissions made by both parties,
it is evident that the petitioner owes in excess of Rs.2 crores to the respondent
Bank. As a measure of last resort, I am inclined to issue directions to facilitate
the petitioner in discharging his financial obligations to the respondent. This
approach is deemed necessary to provide a structured pathway for the petitioner
to clear off his monetary liabilities in a manageable manner.
Resultantly, this writ petition is ordered, and the following
directions are issued:
i) The petitioner shall pay a sum of Rs.10
lakhs on or before 31.03.2024 and a further sum of
Rs.10 lakhs on or before the end of April, 2024.
(ii) The petitioner shall simultaneously approach the
respondent Bank with a request to inform him of
the details of the outstanding amount together with
interest and other charges due from him in respect
of the loan account. If such a request is made
within two weeks from the date of receipt of a copy
of this judgment, the respondent Bank shall
forthwith issue a statement in writing detailing the
amounts
(iii) On receipt of such a statement, the
petitioner shall pay the amounts shown therein in
twelve (12) equal monthly installments
commencing from 1.6.2024 and continue to pay the
same on every successive month thereafter until
the entire loan is wiped off.
(iv) If the amounts are diligently paid in terms
of the directions above, coercive proceedings
initiated against him by the respondent for the
realization of the amount shall be kept in abeyance.
(v) It is made clear that if the petitioner commits
default in respect of any installments, he will lose
the benefit of this judgment, and the concerned
respondents will be free to continue the recovery
proceedings against him from the stage at which
he presently stands and recover the entire amount
along with interest and other charges.
(vi) It is further made clear that no application for
an extension of time will be entertained.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 6008/2024
PETITIONER'S EXHIBITS:
Exhibit-P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE FROM THE
LAKESHORE HOSPITAL, ERNAKULAM DATED 7.12.2021
Exhibit-P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT DATED 24.12.2022
