Muhammadkani Rawther vs South Indian Bank Ltd
2024 Latest Caselaw 14798 Ker

Citation : 2024 Latest Caselaw 14798 Ker
Judgement Date : 4 June, 2024

Kerala High Court

Muhammadkani Rawther vs South Indian Bank Ltd on 4 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                WP(C) NO. 19933 OF 2024
PETITIONER:

         MUHAMMADKANI RAWTHER,
         AGED 72 YEARS,
         BEENA MANZIL,
         VAZHAVILA,
         VENCHEMPU P.O,
         KARAVALOOR,
         KOLLAM DISTRICT, PIN - 691333

         BY ADVS.
         T.M.ABDUL LATHEEF
         VAISHNAV DEV


RESPONDENTS:

    1    SOUTH INDIAN BANK LTD.,
         REPRESENTED BY ITS ASSISTANT GENERAL MANAGER,
         YMCA BUILDING, 3RD FLOOR,
         M.G.ROAD,
         STATUTE JUNCTION, GPO,
         THIRUVANANTHAPURAM, PIN - 695001
    2    THE BRANCH MANAGER,
         SOUTH INDIAN BANK LTD,
         PIRAVANTHUR BRANCH,
         ALIMUKKU, PIRAVANTHUR,
         KOLLAM DISTRICT, PIN - 689696

         BY ADV.SRI.SUNIL SHANKAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.19933/2024
                                 :2:




                           JUDGMENT

Dated this the 4th day of June, 2024

The petitioner has approached this Court

aggrieved by the coercive proceedings for recovery of

financial advance made by the South Indian Bank to the

petitioner, invoking the provisions of the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002.

2. The Bank paid ₹27 lakhs to the petitioner as

Housing Loan in the year 2017. The petitioner states that

though the petitioner made remittances promptly during the

initial repayment period of the financial advance, he could

not pay the repayment instalments promptly later due to

Covid-19 pandemic. The repayment of loan fell into arrears

later. It happened due to reasons beyond the control of the

petitioner.

3. Though the petitioner requested the Bank to

permit the petitioner to repay the overdue amounts in easy

monthly instalments, the Bank authorities were not yielding.

The authorities, instead, started coercive proceedings,

invoking the provisions of the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 and the Security Interest

(Enforcement) Rules, 2002 and issued Ext.P2 notice.

4. The petitioner states that he is still in a position to

clear the overdue amounts towards the loan, if sufficient

time is given to clear the dues in easy monthly instalments.

If the respondents are permitted to continue with the

coercive proceedings and auction the secured assets

provided by the petitioner, he will be put to untold hardship

and loss.

5. Standing Counsel entered appearance on behalf

of the Bank and denied all the statements made by the

petitioner. On behalf of the respondents, it is submitted that

the loan was given to the petitioner in the year 2017. The

petitioner committed default in repaying the loan.

6. The Bank repeatedly reminded the petitioner and

required him to clear the dues. The petitioner deliberately

omitted to do so. In the circumstances, the Bank had no

other go, than to proceed against the petitioner invoking the

provisions of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

2002. The impugned Ext.P2 notice was issued in these

circumstances. The petitioner has not advanced any legal

reasons to thwart the coercive proceedings initiated by the

Bank.

7. The Standing Counsel, however, submitted that if

the petitioner is ready and willing to make a substantial

payment soon and remit the balance overdue amount

immediately thereafter, a short breathing time can be

granted to the petitioner to clear the dues. The Standing

Counsel submitted that the outstanding amount due to the

Bank from the petitioner as on 04.06.2024 is ₹24.89 lakhs

and the overdue amount as on 04.06.2024 is ₹3,30,491/-.

8. I have heard the counsel for the petitioner and

the Standing Counsel representing the Bank.

9. The specific case of the petitioner is that the

petitioner has been making the repayment and maintaining

the loan account initially. The default in repayment of the

account occurred lately due to reasons beyond the control

of the petitioner. The petitioner has provided substantial

security which will safeguard the interest of the Bank.

10. In the facts and circumstances of the case, I am

inclined to dispose of the writ petition giving a short and

reasonable time to the petitioner to clear off the liability.

11. The writ petition is therefore disposed of with the

following directions:

(i) The petitioner shall remit the overdue

amount of ₹3,30,491/- in 10 consecutive

and equal monthly installments along with

accruing interest and other Bank charges,

if any. First of such installments shall be

paid on or before 29.06.2024.

(ii) If the petitioner commits default in

making payments as directed above, the

respondents will be at liberty to continue

with coercive proceedings against the

petitioner in accordance with law.

(iii) The petitioner shall also pay current

EMIs along with the aforesaid payments.

(iv) If the petitioner pays the amount as

directed above, any coercive proceedings

against the petitioner will stand deferred.

Sd/-

N. NAGARESH JUDGE SR

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF THE LETTER DATED 20.6.2023 ISSUED BY THE RESPONDENTS TO THE PETITIONER Exhibit P2 COPY OF THE NOTICE DATED 1.8.2023 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT TO THE PETITIONER Exhibit P3 COPY OF THE RELEVANT PAGES OF THE ACCOUNT PASS BOOK OF THE PETITIONER FOR THE PERIOD COMMENCING FROM 7.6.2023 TO 4.5.2024 Exhibit P4 COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 31.05.2024.