Giju George vs Chief Manager & Authorised Officer
2024 Latest Caselaw 13108 Ker

Kerala High Court

Giju George vs Chief Manager & Authorised Officer 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. 16389 OF 2024
PETITIONER:

         GIJU GEORGE
         AGED 59 YEARS, S/O. GEORGE,
         KIZHAKETHALCKAL HOUSE, MANNARKAYAM,
         KANJIRAPALLY, KOTTAYAM PIN - 686523.

         BY ADV M.NARENDRA KUMAR


RESPONDENTS:

   1     CHIEF MANAGER & AUTHORISED OFFICER,
         THE SOUTH INDIAN BANK LTD.,
         REGIONAL OFFICE, REGENCY SQUARE,
         K.K. ROAD, KOTTAYAM COLLECTORATE. P.O.,
         KOTTAYAM -, PIN - 686002.

   2     THE SOUTH INDIAN BANK LTD.,
         MAIN BRANCH, P.B. NO. 124 275/IX CATHOLIC
         CENTRE, CENTRAL JUNCTION, KOTTAYAM,
         REP. BY ITS MANAGER, PIN - 686001.

         BY ADV P.A.AUGUSTINE AREEKATTEL


     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.16389 of 2024
                                   :2:




                           JUDGMENT

Dated this the 23rd day of May, 2024

The petitioner, who has availed a Kisan Credit Card

Overdraft Facility from the South Indian Bank and against

who the South Indian Bank has issued coercive proceedings

under the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002, has

approached this Court seeking the following reliefs:-

"(i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent-Bank to regularise the KCC OD A/c (Kissan Credit Card Over Draft A/c) No.0037656000000096.

(ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent-Bank to receive the amount due in respect of A/c No.0037656000000096 in 10 monthly installments.

(iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent-Bank not to initiate coercive steps pursuant to Ext.P4 in M.C. No.251 of 2024 in the Court of Chief Judicial Magistrate Court, Kottayam.

(iv) Grant such other reliefs which this Hon'ble Court deems fit and necessary in the facts and circumstances of the case."

2. When the writ petition came up for admission on

23.04.2024, this Court passed an interim order directing that

if the petitioner remits an amount of ₹30 lakhs within a period

of one month from today, coercive proceedings against the

petitioner shall stand deferred for a period of one month. It is

an admitted position that the petitioner has remitted only

₹2 lakhs out of ₹30 lakhs directed to be remitted.

3. Standing Counsel representing the respondents

entered appearance and resisted the writ petition. On behalf

of the respondents, it is submitted that in spite of repeated

reminders given by the Bank, the petitioner has not cared to

maintain the loan account. The total outstanding amount

payable by the petitioner now would exceed ₹87,81,000/- as

on 22.04.2024. In the facts of the case, the writ petition is

liable to be rejected, contended the Standing Counsel.

4. Heard.

5. The writ petition has been filed by the petitioner

seeking to command the respondents to receive the amount

payable in ten monthly instalments. The petitioner has failed

to make payments as directed by this Court in the interim

order.

In the circumstances, I am not inclined to grant any

further relief to the petitioner. The writ petition is dismissed.

However, it is made clear that if the petitioner has

prospective buyer for any property, the petitioner may

approach the Bank for settlement of the loan account.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 16389/2024

PETITIONERS'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 27.06.2023 ISSUED BY THE RESPONDENT / SOUTH INDIAN BANK REGIONAL OFFICE KOTTAYAM.

Exhibit P2 TRUE COPY OF THE STATEMENT DATED 15.04.2024 ISSUED BY THE BANK.

Exhibit P3 TRUE COPY OF THE LETTER DATED 16.04.2024 RENEWAL OF DOCUMENTATION FOR THE LOAN ISSUED BY THE BANK.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 05.04.2024 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND NICHOLAS J NEERAKKAL DATED 17.5.2024.

Exhibit P6 TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE PURCHASER NICHOLAS J NEERAKKAL.