Abdul Naseer M.A vs Canara Bank
2024 Latest Caselaw 14629 Ker

Kerala High Court

Abdul Naseer M.A vs Canara Bank on 31 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                WP(C) NO. 34216 OF 2023
PETITIONER:

         ABDUL NASEER M.A.,
         AGED 37 YEARS, S/O SAYED MUHAMMED,
         MULLASSERI HOUSE, VAYAPPARAPPADI,
         MANJERI P.O, MALAPPURAM PIN - 676121.

         BY ADVS.
         T.K.AJITH KUMAR
         HARITHA HARIDAS


RESPONDENTS:

    1    CANARA BANK,
         MANJERI BRANCH, MANJERI PO,
         MALAPPURAM DISTRICT, PIN - 676121,
         REPRESENTED BY ITS BRANCH MANAGER.

    2    AUTHORISED OFFICER,
         CANARA BANK MANJERI BRANCH,
         MANJERI PO, MALAPPURAM - 676121.

         BY ADVS.
         GOPIKRISHNAN NAMBIAR M
         K.JOHN MATHAI
         JOSON MANAVALAN
         KURYAN THOMAS
         PAULOSE C. ABRAHAM
         RAJA KANNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.34216 of 2023
                                :2:




                       JUDGMENT

Dated this the 31st day of May, 2024

The petitioner, who has availed a loan of ₹24 lakhs in the

year 2019 from the Canara Bank and against whom the

Canara Bank initiated coercive proceedings under the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 for recovery of the

outstanding amount, filed this writ petition seeking to direct the

respondents to permit the petitioner to repay the loan availed

by the petitioner in equal monthly instalments.

2. The total outstanding amount payable by the

petitioner is ₹46,78,184/- as on 09.02.2024. When the writ

petition came up for admission, this Court passed an interim

order on 17.10.2023 directing the petitioner to remit an

amount of ₹7 lakhs on or before 31.10.2023. The petitioner

has not paid the amount as directed by this Court.

In the circumstances, the petitioner cannot be extended

with any further discretionary relief. The writ petition is

dismissed.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 34216/2023

PETITIONER'S EXHIBIT Exhibit 1 TRUE COPY OF THE NOTICE DATED 12.10.2023 ISSUED BY THE ADVOCATE COMMISSIONER.