Kerala High Court
Mathew Thomas vs Authorized Officer on 5 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
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WP(C)No. 38854 OF 2024
2024:KER:82487
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. 38854 OF 2024
PETITIONERS:
1 MATHEW THOMAS,
AGED 69 YEARS, S/O. THOMAS,
MADAPPALLIYIL SANTHI NAGAR, OMASSERY,
KOODATHAI, KOZHIKODE, PIN - 673573.
2 GRACY,
AGED 64 YEARS, W/O. MATHEW,
MADAPPALLIYIL SANTHI NAGAR, OMASSERY,
KOODATHAI KOZHIKODE, PIN - 673573.
BY ADVS.
SRI. LUIZ GODWIN D COUTH
SRI. JOSE KURIAKOSE (VILANGATTIL)
SRI. BIJO FRANCIS
RESPONDENTS:
1 AUTHORIZED OFFICER,
REGIONAL OFFICE,
KERALA GRAMIN BANK AMMUS COMPLEX,
P.O. KALPATTA WAYANAD DISTRICT, PIN - 673121.
2 THE BRANCH MANAGER,
KERALA GRAMIN BANK AMMUS COMPLEX,
P. O. KALPATTA, WAYANAD DISTRICT, PIN - 673121.
BY ADV.
SRI. RAJESH NAMBIAR - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C)No. 38854 OF 2024
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 38854 of 2024
-------------------------
Dated this the 5th day of November, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
i) to call for the records leading to Ext. P2&
P4noticesdated 21-10-2024 issued by the 1st
respondent and issue a writ of certiorari to quash the
same.
ii) to issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
2ndrespondent to permit the petitioners to pay the
overdue amounts in convenient installments along
with future installments and to regularize the loan
account of the petitioners 1 & 2.
iii) to dispense with filing of translation of vernacular
documents. iv) to grant such other reliefs as this
Hon'ble Court may deem just and proper in the
interest of justice.
2. The petitioners had availed altogether five loans from the
respondent Bank and failed to discharge the loan liability in terms
of the loan agreement and resultantly the loan accounts of the
petitioners turned NPA and the respondent Bank has proceeded
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further against the petitioners under the provisions of the
SARFAESI Act and the Rules made thereunder to realize its
outstanding dues.
3. The sale of the secured assets is fixed on 30.11.2024. The
learned Counsel for the petitioners submits that the petitioners are
willing to pay substantial amount before the due date of sale, i.e.
30.11.2024 and the balance outstanding amount in few installments
as directed by this Court.
4. The learned Counsel for the respondent Bank on instructions
submits that, as of today, the total outstanding liability of the
petitioners in respect of the five loans is Rs. 30,94,925/- and, if the
petitioners make substantial upfront payment, the balance
outstanding amount can be paid in few installments as this Court
may direct and the respondent Bank shall not proceed further
against the petitioners under the SARFAESI Act and the Rules made
thereunder.
5. Considering the aforesaid stand of the respondent Bank, the
present writ petition is disposed of on the following terms;
(i) The petitioners shall pay Rs. 5,00,000/-
on or before 30.11.2024 and subject to making
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payment of Rs. 5,00,000/-, the Bank shall defer
the sale of the secured assets.
(ii) If the petitioners pay Rs. 5,00,000/- on or
before 30.11.2024, the balance outstanding is to
be paid in fifteen equal monthly installments
thereafter.
(iii) The first installment is to be paid on or
before 07.12.2024 and the remaining fourteen
installments on or before the seventh day of each
succeeding month.
(iv) In case of failure to make payment Rs.
5,00,000/- on or before 30.11.2024 or the first
installment or any of the installments as directed
above, the respondent Bank shall be free to
proceed further against the petitioners in
accordance with the law to realise its outstanding
dues.
Sd/-
D. K. SINGH
JUDGE
Svn
WP(C)No. 38854 OF 2024
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APPENDIX OF WP(C) 38854/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COVERING LETTER OF
THE SALE NOTICE NO.
KGB/ROWYDSARFAESI/60/2024 DATED 21-10-
Exhibit P2 THE TRUE COPY OF THE SALE NOTICE DATED
21-10-2024 ISSUED BY THE 1ST RESPONDENT
TO THE 1ST PETITIONER
Exhibit P3 THE TRUE COPY OF THE COVERING LETTER OF
THE SALE NOTICE NO.
KGB/ROWYDSARFAESI/63/2024 DATED 21-10-
Exhibit P4 THE TRUE COPY OF THE SALE NOTICE DATED
21-10-2024 ISSUED BY THE 1ST RESPONDENT
TO THE 1ST PETITIONER
