Kerala High Court
Kunhahamed vs The Secretary on 29 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 39648 OF 2023
PETITIONER:
KUNHAHAMED
AGED 54 YEARS
S/O KUNJIMUHAMMED KAKKATTIL,
KAKKATTIL HOUSE, PROPRIETOR,
KAKKATTIL TRADERS, PATTIKKADU P.O,
MALAPPURAM DISTRICT, RESIDING AT KAKKATTIL
HOUSE, PATTIKKADU P.O, PERINTHALMANNA,
MALAPPURAM DISTRICT., PIN - 679325.
BY ADVS.
M.B.SHYNI
RAJESH KUMAR R.
RAMEES P.K.
V.R.ANILKUMAR
RESPONDENTS:
1 THE SECRETARY
PERINTHALMANNA URBAN CO-OPERATIVE BANK,
PERINTHALMANNA P.O., MALAPPURAM 679322.
2 PERINTHALMANNA URBAN CO-OPERATIVE BANK,
PERINTHALMANNA P.O., MALAPPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY PIN - 679322.
3 THE SPECIAL SALE OFFICER
PERINTHALMANNA URBAN CO-OPERATIVE BANK,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL),
PERINTHALMANNA, PIN - 679322.
BY ADVS.
JAYASREE K.P.
JOHN JOSEPH
W.P.(C)No.39648 of 2023
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.39648 of 2023
:3:
JUDGMENT
Dated this the 29th day of May, 2024
The petitioner, who availed a Business Loan of
₹45 lakhs from the 2nd respondent - Perinthalmanna Urban
Co-operative Bank and against whom the Bank has initiated
proceedings under the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act,
2002, has filed this writ petition seeking to allow the petitioner
to remit the entire loan amount within three months with
applicable benefits.
2. When the writ petition came up for admission, this
Court passed interim order on 28.11.2023 staying further
proceedings pursuant to Ext.P1 for a period of one month on
condition that the petitioner remits an amount of ₹5 lakhs
within one month. Though more than six months have lapsed
since passing the interim order, the petitioner has not
remitted any amount. The prayer of the petitioner in the writ
petition is to allow the petitioner to remit the entire loan
amount within three months.
In the afore facts of the case, I find that the petitioner is
not entitled to any discretionary relief from this Court. The
writ petition is therefore dismissed. The petitioner may
approach the Bank for any settlement / arrangement of the
loan account.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 39648/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY
ADVOCATE ROY JACOB, ADVOCATE
COMMISSIONER DATED 09/10/2023
Exhibit P2 A TRUE COPY OF THE SALE AGREEMENT
EXECUTED FOR THE SALE OF THE PROPERTY
DATED 23/11/2023
Exhibit P3 A TRUE COPY OF THE REPRESENTATION
DATED 23/11/2023 SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT
