Santhosh R vs Indian Bank
2024 Latest Caselaw 32456 Ker

Kerala High Court

Santhosh R vs Indian Bank on 8 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 39501 OF 2024
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                                                                      2024:KER:83648
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR. JUSTICE D. K. SINGH

       FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                             WP(C) NO. 39501 OF 2024


PETITIONER:

              SANTHOSH R
              AGED 49 YEARS
              S/O. RAVI, SANTHOSH BHAVAN, THAKAZHY, ALAPPUZHA NOW RESIDING
              AT DWARKA, AMAYIDA, AMBALAPPUZHA PO, ALAPPUZHA DISTRICT.,
              PIN - 688561


              BY ADV A.SHAFEEK (KAYAMKULAM)


RESPONDENT:

              INDIAN BANK
              AMBALAPPUZHA BRANCH, AMBALAPPUZHA PO, ALAPPUZHA REPRESENTED
              BY ITS AUTHORIZED OFFICE AND CHIEF MANAGER, PIN - 688561



              SRI. BINOY VASUDEVAN-SC


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39501 OF 2024
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                                                                 2024:KER:83648
                                 JUDGMENT

Dated this the 8th day of November, 2024

This is the second writ petition filed by the petitioner

for the same cause of action on the same facts. The 1 st

writ petition, W.P.(C.) No.9303/2024 was disposed of by

this Court on the following terms:

" The writ petition is therefore disposed of with the

following directions:

(i) The petitioner shall remit an amount of ₹1.5 lakhs

on or before 27.03.2024 and the balance overdue amount

in subsequent consecutive 12 equal monthly instalments

thereafter, along with accruing interest and other Bank

charges, if any.

(ii) If the petitioner commits default in making

payments as directed above, the respondent will be at

liberty to continue with coercive proceedings against the

petitioner in accordance with law.

(iii) The petitioner shall also pay current EMIs along

with the aforesaid payments.

(iv) If the petitioner pays the instalments as directed

above, any coercive proceedings against the petitioner

shall stand deferred."

WP(C) NO. 39501 OF 2024

2024:KER:83648

2. It appears that the petitioner has not complied

with the directions issued by this Court in the judgment

dated 07.03.2024 in W.P.(C.) No.9303/2024. Therefore,

the bank has proceeded further under the provisions of

the SARFAESI Act and Rules made thereunder.

3. In view thereof, the present writ petition is

dismissed. However, the petitioner is granted liberty to

approach the bank for restructuring/rescheduling the

payment terms. If the petitioner makes upfront payment

of Rs.2,00,000/- within a period of ten days from today,

the bank should consider the request of the petitioner

for restructuring/rescheduling the payment terms.

Subject to making payment of Rs.2,00,000/- within a

period of ten days from today, the bank shall not proceed

further for a period of fifteen days.

Sd/-

D. K.SINGH JUDGE

AP WP(C) NO. 39501 OF 2024

2024:KER:83648 APPENDIX OF WP(C) 39501/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 7/3/2024 PASSED BY THIS HON'BLE COURT IN W.P.(C). NO. 9303/2024

Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 28/2/2024 EVIDENCING THE PAYMENT OF RS.50,000/-

Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 25/3/2024 EVIDENCING THE PAYMENT OF RS.50,000/-

Exhibit P4 A TRUE COPY OF THE NOTICE DATED 3/10/2024 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA

Exhibit P5 A TRUE COPY OF THE SALE NOTICE DATED 7/10/2024 ISSUED BY THE RESPONDENT