Kerala High Court
Shaiju P.P vs Central Bank Of India on 21 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 41214 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
WP(C) NO. 41214 OF 2024
PETITIONER:
SHAIJU P.P.,
AGED 51 YEARS
S/O. PAILY, POROTHAN HOUSE, KEEZHILLAM, KURICHILAKODE ROAD,
AKANAD, MUDAKKUZHA P. O., PIN - 683546
BY ADVS.
DENU JOSEPH
MUHISEENA.V.Z
MANJU M.K.
RESPONDENTS:
1 CENTRAL BANK OF INDIA,
KADAVANTHRA BRANCH, KALLELIL BUILDING, S.A. ROAD,
KADAVANTHRA P. O., KOCHI, REPRESENTED BY ITS CHIEF MANAGER,
PIN - 682020
2 THE AUTHORIZED OFFICER AND CHIEF MANAGER,
CENTRAL BANK OF INDIA, KADAVANTHRA BRANCH, KALLELIL
BUILDING, S. A.ROAD, KADAVANTHRA P. O., KOCHI, PIN - 682020
SRI.K.M. ANEESH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 21st day of November, 2024
The present Writ Petition has been filed seeking the
following prayers:
a. To issue a writ in the nature of certiorari calling call for
the records by virtue of which the Respondent Bank have
proceeded to declare the account of the Petitioner as
NPA based on which Exhibit P6 & P7 notices has been
issued by the 2nd Respondent and to quash Exhibit P6 &
P7 notices.
b. To issue a writ in the nature of mandamus or any other
appropriate writ order or directing the Respondent Bank
to forward the account of the Petitioner to be considered
by the committee constituted under Paragraph 3.3 of
Exhibit P5.
c. To issue a writ in the nature of mandamus or any other
appropriate writ order or direction directing the
Respondent Bank not to proceed further with coercive
steps while the matter is under consideration before the
committee constituted under Exhibit P5.
d. To issue a writ in the nature of mandamus or any other
appropriate writ order or directing the Respondent Bank
to consider regularizing the account of the Petitioner by
affording an opportunity to remit the overdue amount in
20 equal installments together with regular EMI without
prejudice to the right of the Petitioner regarding the
amount allegedly claimed by the petitioner through
Exhibit P6 & P7.
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e. Issue a writ in the nature of mandamus or any other writ
order or direction directing the Respondent Bank to
provide contractual documents including loan
agreement in connection with the subject loan, upto date
account statement, details of interests, expenses and
penal interests charged, the details of the amounts
charged other than the interest, expenses etc. and all
such other details/documents which has influenced the
Respondent Bank in computing the interest and other
charges including the respective reserve bank
guidelines, notifications etc.
f. Grant such other relief's that may be deemed fit and
proper by this Hon'ble Court in the facts and
circumstances of the case
2. This is the second writ petition filed by the petitioner
impugning the SARFAESI proceedings undertaken by the
bank to recover its outstanding dues of around Rs.2 Crores.
3. In earlier W.P.(C.) No. 31055/2022, the learned
counsel for the petitioner made a submission that the
petitioner has got a buyer of the secured asset and the
petitioner will sell the property and settle the dues of the
bank. Considering the aforesaid submission of the
petitioner, the said writ petition was disposed of vide
judgment dated 08.08.2024, directing the petitioner to pay
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Rs.10,00,000/- and approach the bank for One Time
Settlement. The petitioner was also given the opportunity to
sell the secured asset through a private sale, subject to the
condition that the buyer will remit the sale consideration
directly to the bank. It appears that the petitioner did not
have any buyer to buy the property, and the aforesaid
statement was made without there being any substance.
Once the petitioner has failed to sell the property and remit
the amount, the bank has again proceeded with the
SARFAESI proceedings. At this stage, the petitioner has
approached this Court by filing the present writ petition.
3. This Court finds no ground to entertain this writ
petition, and therefore, the same is dismissed leaving it open
to the petitioner to take recourse to the statutory remedy as
may be available to him under the law.
4. The learned counsel for the petitioner submits that
some time is needed to obtain the certified copy of the order
passed by the Chief Judicial Magistrate Court.
5. The petitioner is permitted to file an application for
exemption from filing certified copy of the order. If such an
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application is filed, the Tribunal may grant some time for
submitting a certified copy.
With the aforesaid liberty and observation, the present
writ petition stands dismissed.
Sd/-
D. K.SINGH
JUDGE
AP
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APPENDIX OF WP(C) 41214/2024
PETITIONER EXHIBITS
Exhibit.P1 THE COPY OF THE ORDER OF THIS HON'BLE COURT IN
WP(C) 31055/2022 DATED 22.07.2024
Exhibit.P2 THE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
WP(C) 31055/2022 DATED 08.08.2024
Exhibit.P3 THE COPY OF THE MODIFIED APPLICATION SEEKING OTS
DATED 25.09.2024
Exhibit.P4 THE COPY OF THE LETTER DATED 19.10.2024 ISSUED BY
THE RESPONDENT BANK REJECTING EXHIBIT P3 PROPOSAL
Exhibit.P5 THE COPY OF THE NOTIFICATION THE RESERVE BANK OF
INDIA VIDE NO.RBI/2015-16/338 FIDD.MSME & NFS.BC
NO.21/06.02.31/2015-16 DATED 17.03.2016
Exhibit.P6 THE COPY OF THE NOTICE DATED 29.06.2022 UNDER
SECTION 13(2) OF THE SARFAESI ACT,
Exhibit.P7 THE COPY OF THE POSSESSION NOTICE DATED
17.09.2022
