Nizar A vs Development Credit Bank (Dcb)
2024 Latest Caselaw 31520 Ker

Citation : 2024 Latest Caselaw 31520 Ker
Judgement Date : 5 November, 2024

Kerala High Court

Nizar A vs Development Credit Bank (Dcb) on 5 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                             2024:KER:82274
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE D. K. SINGH

TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946

                 WP(C) NO. 38916 OF 2024

PETITIONER:

         NIZAR A,
         AGED 58 YEARS
         S/O ABDUL REHIMAN, HOUSE NO CC18/897B,
         PERUMPADAPPU, PALLURUTHY, ERNAKULAM, PIN - 682006


         BY ADVS.
         BIJU .C. ABRAHAM
         THOMAS C.ABRAHAM
         BASIL MATHEW




RESPONDENTS:

    1    DEVELOPMENT CREDIT BANK (DCB),
         REPRESENTED BY ITS MANAGER, KERALA CHAMBER OF
         COMMERCE AND INDUSTRY BUILDING, GROUND FLOOR,
         CHAMBER CORNER, SHANMUGHAM ROAD, KOCHI, PIN -
         682031

    2    THE AUTHORIZED OFFICER,
         DEVELOPMENT CREDIT BANK , KERALA CHAMBER OF
         COMMERCE AND INDUSTRY BUILDING , GROUND FLOOR,
         CHAMBER CORNER, SHANMUGHAM ROAD, KOCHI, PIN -
         682031


         BY ADVS.
         B.S.SURESH KUMAR
         ASHLEY JOHN(K/000719/2015)
         RANJANA V.(K/001646/2000)
         ANUSREE C.S.(K/1438/2021)
 W.P.(C).No.38916 of 2024

                                                     2024:KER:82274
                                   2

OTHER PRESENT:

             SRI. ASHLY JOHN


      THIS     WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    05.11.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.38916 of 2024

                                                                 2024:KER:82274
                                          3

                                 JUDGMENT

(Dated this the 5th day of November, 2024)

The present writ petition has been filed seeking the

following reliefs:

"i) To issue a writ of certiorari or other appropriate writ or order quashing Ext. P3.

ii) Issue a writ of mandamus or other appropriate writ or order directing the respondents to permit the petitioner to pay the overdue amount in convenient monthly instalments after deducting penal interest and hidden charges;

iii) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs.

iv) To dispense the above writ petition with English Translation of the Malayalam Documents."

2. Heard the learned counsel for the petitioner as

well as Shri.Ashly John, the learned counsel for the

respondent Bank.

3. The petitioner had availed a housing loan of

Rs.45,00,000/- in the year 2017 and a personal loan of

2024:KER:82274

Rs.12,00,000/- in the year 2018 from the respondent Bank.

The said loan liability is to be discharged for a period of 13

years in equal monthly instalments.

4. The petitioner had committed default in repaying

the loan amount as per the terms of the loan agreement

and therefore, the respondent Bank, after classifying the

petitioner's loan account as NPA, has proceeded against the

petitioner under the provisions of the SARFAESI Act and

Rules made thereunder to realize its outstanding dues.

5. The learned counsel for the petitioner submits

that the petitioner wants to make payment of the overdue

amount in few instalments along with regular instalments

as the petitioner is facing financial constraints to make the

payment of the overdue amount in one go.

6. The learned counsel for the respondent Bank, on

instructions, submits that as of today, the total overdue

amount is Rs.5,65,232/- and the total outstanding amount is

around Rs.52,69,000/- in respect of both the loans. He

further submits that if the petitioner makes substantial

upfront payment along with one regular E.M.I and the

2024:KER:82274

remaining overdue amount in few instalments as this Court

may fix along with the regular instalments, the respondent

Bank shall not proceed further under the provisions of the

SARFAESI Act and Rules made thereunder.

7. Considering the aforesaid stand of the

respondent Bank, the present writ petition is disposed of on

the following terms:

i) The petitioner shall pay Rs.2,00,000/- along with

one regular E.M.I on or before 20.11.2024 and the

remaining overdue amount in five equal monthly

instalments along with the regular instalments.