Kerala High Court
Hamza P.P vs The Ponnani Co-Operative Urban Bank ... on 28 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 12199 OF 2024
PETITIONER:
HAMZA P.P.
AGED 68 YEARS
S/O. KUNHAVA, PADINJAREPATTAYIL HOUSE, PURANGU
P.O., MARANCHERY, PONNANI TALUK, MALAPPURAM
DISTRICT, PIN - 679584.
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE PONNANI CO-OPERATIVE URBAN BANK LIMITED
REPRESENTED BY ITS MANAGER, NO. M372, PONNANI
BRANCH, K.K.JUNCTION, PONNANI P.O., MALAPPURAM
DISTRICT, PIN - 679577.
2 THE BRANCH MANAGER
THE PONNANI CO-OPERATIVE URBAN BANK
LIMITED,MARANCHERY BRANCH, MARANCHERY P.O.,
PONNANI TALUK, MALAPPURAM DISTRICT,
PIN - 679581.
3 THE AUTHORIZED OFFICER
THE PONNANI CO-OPERATIVE URBAN BANK LIMITED,NO.
M372, PONNANI BRANCH, K.K.JUNCTION, PONNANI
P.O., MALAPPURAM DISTRICT, PIN - 679577.
BY ADVS.
SHOBY K.FRANCIS
AGI SHOBY(A-768)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 12199 OF 2024
:2:
JUDGMENT
Dated this the 28h day of June, 2024
The petitioner who has availed a mortgage
loan of ₹32 lakhs from the Ponnani Co-operative Urban
Bank Ltd. for construction of his residential house in the year
2016, is before this Court, aggrieved by the proceedings
initiated by the Bank, invoking the provisions of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.
2. Though the writ petition was filed with a prayer to
direct the 1st respondent to consider and pass appropriate
orders on Ext.P3 representation filed by the petitioner
seeking opportunity to repay the outstanding amount in
instalments, when the writ petition came up for hearing today,
the counsel representing the petitioner submitted that the
petitioner is inclined to try for a One Time Settlement and the
petitioner may be permitted to approach the Bank for One
Time Settlement.
3. The Standing Counsel entered appearance and
resisted the writ petition on behalf of the Bank. The Standing
WP(C) NO. 12199 OF 2024
Counsel submitted that as on 15.06.2024 the outstanding
amount payable by the petitioner is ₹18,57,815/-. If the
petitioner makes an upfront payment and apply for One Time
Settlement, such application can be considered in
accordance with law.
Taking into consideration the afore facts, the writ
petition is disposed of directing that if the petitioner
remits/transfers an amount of ₹5 lakhs to the Bank and
makes a concrete proposal for One Time Settlement within 3
weeks indicating the settlement amount and timeline for
repayment, then the respondent shall consider such
application and take appropriate decision in accordance with
law. If the petitioner makes the payment as directed above
and submits application for One Time Settlement within the
stipulated time, coercive proceedings against the petitioner
shall stand deferred till the Bank takes a decision on the
application.
Sd/-
N. NAGARESH
pvv JUDGE
WP(C) NO. 12199 OF 2024
APPENDIX OF WP(C) 12199/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE STATEMENT ISSUED
BY THE 2ND RESPONDENT BANK DATED
18.03.2024.
EXHIBIT P2 THE TRUE COPY OF THE NOTICE ISSUED BY
THE ADVOCATE COMMISSIONER IN M.C.NO.
912/2023 OF THE CJM COURT, MANJERI
DATED 27.02.2024.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE 1ST
RESPONDENT DATED 11.03.2024
