Kerala High Court
Nitheesh R vs The Authorized Officer on 21 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:87771
WP(C) NO. 36796 OF 2024
1
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. 36796 OF 2024
PETITIONER/S:
1 NITHEESH R,
AGED 37 YEARS
S/O. RAJENDRAN,PANAYIL KANDATHIL THEKKETHIL, DESASAVINI
NAGAR NO. 59, KANNIMEL CHERRY,MARUTHADI P.O., KOLLAM, PIN -
691003
2 ROHINI B,
AGED 61 YEARS
W/O. RAJENDRAN, PANAYIL KANDATHIL THEKKETHIL,DESASAVINI
NAGAR NO. 59, KANNIMEL CHERRY,MARUTHADI P.O., KOLLAM, PIN -
691003
BY ADVS.
SHABU SREEDHARAN
JAYACHANDRAN NAIR G.
ARCHANA U.
RATHEESH.V.R.
SAHANAS T.
KELWIN SIMON
BIJU JACOB B.O.
RESPONDENT/S:
THE AUTHORIZED OFFICER,
QUILON CO-OPERATIVE URBAN BANK LTD, Q-960,KOLLAM TALUK,
KOLLAM DISTRICT, PIN - 691003
BY ADV D.P.RENU
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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WP(C) NO. 36796 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:-
"1. To issue a writ of mandamus or any other appropriate writ,
order or direction commanding the respondent to refrain from
taking physical possession of the secured assets pursuant to
the Exhibit-P3 notice.
2. To issue a writ of mandamus or any other appropriate writ,
order or direction commanding the respondent to permit the
petitioners to remit Rs. 1 lakh per month from November, 2024
onwards towards clearing off the entire loan account
3. Petitioners also pray that this Hon'ble Court may be pleased
to dispense with the translation of the documents produced in
Vernacular Language.
4. And pass such others as this Hon'ble Court may deem fit
and proper in the facts and circumstances of the case, so as to
secure ends of justice."
2.The petitioners availed a business loan from the
respondent Bank for Rs.22,00,000/- in the year 2020/-. The loan
was liable to be repaid within a period of 12 years, ie up to the
year 2032. The petitioners have committed serious defaults in
repaying the loan amounts, and therefore, the Bank, after
classifying the loan account as NPA has proceeded under the
provisions of the SARFAESI Act and rules made thereunder.
3.The learned counsel for the respondent on instructions
submits that as of today the total outstanding in respect of the
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WP(C) NO. 36796 OF 2024
loan amount is Rs.26,71,135/- and the overdue amount is Rs.
12,19,708/-. She further submits that, if the petitioner pays the
overdue amount in twelve equal monthly instalments along
with regular instalments, as this court may direct, the Bank
shall not proceed further against the petitioner under the
SARFAESI Act. She also submits that the petitioners shall
withdraw the pending S.A No. 730/2024 before the DRT-II,
Ernakulam.
4.Considering the aforesaid stand of the respondent, the
present writ petition is disposed of with the following terms:
1.The petitioner shall pay Rs. 12,19,708/- in twelve
equal monthly instalments along with regular
instalments.
2.The first instalment is to be paid on or before
07.12.2024, and the remaining eleven instalments
are to be paid on the 07th day of each succeeding
month.
3.In case of failure to make payment of any
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WP(C) NO. 36796 OF 2024
instalments as directed above, the Bank shall be free
to proceed further under the provisions of the
SARFEASI Act and rules made thereunder to realise
its outstanding dues from the petitioner.
With the aforesaid directions, the present writ petition is
disposed of.
Sd/-
D. K. SINGH
JUDGE
SJ
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WP(C) NO. 36796 OF 2024
APPENDIX OF WP(C) 36796/2024
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE DEMAND NOTICE DATED
18.1.2021 ISSUED BY THE RESPONDENT WITH ITS
ENGLISH TRANSLATION
Exhibit-P2 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN OP(DRT) NO. 16/2024 DATED 2.4.2024
Exhibit-P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 3.10.2023
Exhibit-P4 THE TRUE COPY OF THE RECEIPTS ISSUED BY THE
RESPONDENT BANK TOWARDS THE PAYMENTS OF RS. 1
LAKH ON 24.10.2024, RS. 1.5 LAKHS ON 1.11.2024
AND RS. 1.5 LAKHS ON 2.11.2024
Exhibit P5 THE TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT BANK DATED 12.11.2024
Exhibit P6 THE TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT BANK DATED 13.11.2024
