Kerala High Court
Mohammed Faizal P K vs Hdfc Bank Ltd on 6 March, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF MARCH 2024/16TH PHALGUNA, 1945
WP(C) NO. 5082 OF 2024
PETITIONERS:
1 MOHAMMED FAIZAL P K,
AGED 53 YEARS,
S/O P K KHALID,
POOVATHUMPARAMBILHOUSE,
NAMBIAPURAM ROAD,
PALLURUTHY,
COCHIN,
ERNAKULAM DISTRICT, PIN - 682006
2 P.K.F MARINE,
REPRESENTED BY ITS PROPRIETOR
MOHAMMED FAIZAL P K,
DOOR NO. 19/2131-B,
NAMBIAPURAM ROAD,
PALLURUTHY,
COCHIN,
ERNAKULAM DISTRICT, PIN - 682006
3 SHEREENA A B,
AGED 50 YEARS,
W/O MOHAMMED FAIZAL P K,
POOVATHUMPARAMBIL HOUSE,
NAMBIAPURAM ROAD,
PALLURUTHY,
COCHIN,
ERNAKULAM DISTRICT, PIN - 682006
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 HDFC BANK LTD.,
REPRESENTED BY ITS BRANCH MANAGER,
PALARIVATTOMBRANCH,
3RD FLOOR,SL PLAZA,
PALARIVATTOM JUNCTION,
ERNAKULAM DISTRICT, PIN - 682025
W.P.(C) No.5082/2024
:2:
2 BRANCH MANAGER,
HDFC BANK LTD,
PALARIVATTOM BRANCH,
3RD FLOOR, SL PLAZA,
PALARIVATTOM JUNCTION,
ERNAKULAM DISTRICT, PIN - 682025
3 AUTHORIZED OFFICER,
HDFC BANK LTD, 3RD FLOOR,
SL PLAZA, PALARIVATTOM JUNCTION,
ERNAKULAM DISTRICT, PIN - 682025
BY ADV. SRI.PREMCHAND M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.5082/2024
:3:
JUDGMENT
Dated this the 6th day of March, 2024
The petitioners, who have availed a financial
advance from the HDFC Bank, have approached this
Court seeking the following reliefs:
"i) To issue a writ of mandamus or order or
direction to the respondents to keep the
coercive proceedings pursuant to Ext.P4,
against the petitioners in abeyance and
permit the petitioners to pay the overdue
amount in 25 monthly instalments without
hampering the family life of the petitioners,
after regularising the loan account.
ii) To issue a writ of mandamus or order or
direction to the 1st respondent to provide a
proper loan account statement.
iii) To dispense with the filing of the
translation of the vernacular documents.
iv) Such other reliefs as this Hon'ble Court
deems fit to grant in the nature of this case."
2. It is evident from the pleadings that the
petitioners are challenging proceedings pursuant to
Ext.P4. Ext.P4 is an order issued by the Advocate
Commissioner appointed by the Additional Chief Judicial
Magistrate's Court, Ernakulam under Section 14 of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002. The
petitioners also seek to repay the amount in instalments.
3. Standing Counsel entered appearance and
resisted the writ petition. On behalf of the respondents, it
is submitted that against the Property Loan of ₹20 lakhs
disbursed to the petitioners in the year 2017, the overdue
amount payable by the petitioners now is ₹21,23,976/-.
The total outstanding payable by the petitioners as on
12.02.2024 would be more than ₹32,26,639/-.
4. Standing Counsel further pointed out that the
petitioners had earlier approached this Court filing W.P.
(C) No.25124 of 2022 and this Court as per Ext.P3
judgment dated 10.01.2024 granted the petitioners
opportunity to make a proposal for One Time Settlement.
The petitioners did not make any such proposal. In the
circumstances, the writ petition is liable to be dismissed.
5. I have heard the learned counsel for the
petitioners and the Standing Counsel representing the
respondents.
6. It is evident from the pleadings that the
petitioners are in effect challenging proceedings pursuant
to Ext.P4 notice. Ext.P4 notice is one issued when the
Chief Judicial Magistrate's Court has passed an order as
per Section 14 of the the Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002. If the petitioners are
aggrieved by Section 14 proceedings, the petitioners
have to approach the Debts Recovery Tribunal invoking
Section 17.
7. As regards the prayer of the petitioners to
permit the petitioners to pay the remaining amount in
instalments, it is to be noted that the petitioners had
earlier approached this Court filing W.P.(C) No.25124 of
2022. At that point of time, the petitioners wanted to make
a One Time Settlement proposal. This Court granted
opportunity to the petitioners to settle the account by a
One Time Settlement. According to the petitioners, the
petitioners offered a One Time Settlement proposal, but
the Bank did not act on it. The Standing Counsel would,
however, controvert this allegation.
8. Be that as it may, the petitioners have not
availed the benefit of One Time Settlement so far.
Therefore, I am of the view that the petitioners can be
given an opportunity to propose a One Time Settlement
of the loan account on strict conditions.
The writ petition is accordingly disposed of
directing that if the petitioners remit upfront payment of
₹10 lakhs towards One Time Settlement and make a
concrete proposal for One Time Settlement giving the
settlement amount and timeline for payment of the same,
within a period of one week from today, the respondents
shall consider the same. If the petitioners remit the
amount as directed above and make a One Time
Settlement proposal within one week from today, the
respondents shall defer coercive proceedings, if any,
against the petitioner till a decision is taken on the One
Time Settlement proposal.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 5082/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE
DATED 27.06.2022 ISSUED BY THE 3RD
RESPONDENT
Exhibit P2 TRUE COPY OF THE REPRESENTATION
DATED 05.07.2022 SUBMITTED BY THE
PETITIONERS BEFORE THE 3RDRESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC NO. 25124 OF
2022 DATED 10.01.2024
Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE
DATED 05.02.2024 ISSUED BY THE
ADVOCATE COMMISSIONER
Exhibit P5 TRUE COPY OF THE APPLICATION FILED
BY THE APPLICANTS FOR ONE TIME
SETTLEMENTPREFERRED BEFORE THE
1STRESPONDENT DATED 19.01.2024
Exhibit P6 TRUE COPY OF THE APPLICATION FILED
BY THE APPLICANTSFOR ONE TIME SETTLE
BEFORE THE RESPONDENT DATED
15.02.2024
Exhibit P7 TRUE COPY OF THE POSTAL COVER IN
WHICH THE APPLICANTSHAVE SENT
EXHIBIT P5 APPLICATION TO THE
RESPONDENT DATED 15.02.2024
