Safarudheen vs The Kerala State Co-Operative Bank Ltd
2024 Latest Caselaw 13094 Ker

Citation : 2024 Latest Caselaw 13094 Ker
Judgement Date : 23 May, 2024

Kerala High Court

Safarudheen vs The Kerala State Co-Operative Bank Ltd on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                WP(C) NO. 12562 OF 2023
PETITIONER:

         SAFARUDHEEN,
         AGED 61 YEARS, S/O. MUHAMMEDUNNI,
         THRUVATH VEETTIL HOUSE, CHAVAKKAD VILLAGE,
         PALUVAI DESOM, CHAVAKKAD TALUK,
         THRISSUR DISTRICT- 680506.

         BY ADVS.
         RAJIT
         V.V.JOY
         RAMAKRISHNAN M.N.


RESPONDENTS:

   1     THE KERALA STATE CO-OPERATIVE BANK LTD.,
         REPRESENTED BY MANAGER,REREGIONAL OFFICE,
         KOVILAKATHUMPADOM, THRISSUR-680022.

   2     THE KERALA STATE CO-OPERATIVE BANK LTD
         GURUVAYUR BRANCH, REPRESENTED BY BRANCH
         MANAGER, GURUVAYUR, CHAVAKKAD - 680101.

   3     DEPUTY GENERAL MANAGER
         THE KERALA STATE CO-OPERATIVE BANK LTD.,
         CREDIT PROCESSING CENTRE (CPC),
         PALLIKKULAM, THRISSUR, PIN - 680001.

         BY ADV.SRI.P.C.SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.12562 of 2023
                             :2:




                      JUDGMENT

Dated this the 23rd day of May, 2024

The petitioner is before this Court seeking to direct the

respondent-Bank to permit the petitioner to repay the

overdue amount in 20 instalments.

2. The petitioner availed Housing Loan / Simple Loan

of ₹25 lakhs from the Kerala State Co-operative Bank

Limited. When the petitioner defaulted in repayment, the

respondents initiated coercive proceedings invoking the

provisions of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

2002. The petitioner has approached this Court seeking to

direct the respondents to permit the petitioner to repay the

overdue amount in 20 instalments.

3. Standing Counsel representing the respondents

submits that the outstanding amount payable by the

petitioner would be ₹60,70,329/-. The petitioner has not

remitted the instalment amounts as directed by this Court in

the interim orders. The petitioner has no intention to clear the

loan. The writ petition is therefore liable to be dismissed.

4. I have heard the learned Counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

5. This Court, on 10.04.2023, directed the petitioner

to remit an amount of ₹3 lakhs on or before 17.05.2023. On

25.03.2024, this Court directed the petitioner to remit an

amount of ₹5 lakhs on or before 30.03.2024 and ₹5 lakhs on

or before 30.04.2024.

6. It is an admitted position that out of ₹13 lakhs

directed to be paid by the petitioner in three instalments, the

petitioner has paid only ₹9,92,000/-. The petitioner has failed

to make the remittances as directed by this Court.

In the circumstances, no further reliefs can be granted

to the petitioner. The writ petition is dismissed.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 12562/2023

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE SUMMONS ALONG WITH THE PLAINT ARC 1818/2021 DATED 29.06.2022 ISSUED FROM THE COURT OF THE JOINT REGISTRAR, THRISSUR DISTRICT CO-OPERATIVE SOCIETIES TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 14.03.2023