Kerala High Court
Dr Muhammed Haneefa.A vs M/S.Tata Capital Limited, Represented ... on 3 October, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 30413 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 30413 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.2054 OF 2024 OF
CHIEF JUDICIAL MAGISTRATE ,KOZHIKODE
PETITIONER:
DR MUHAMMED HANEEFA.A.,
AGED 63 YEARS
S/O.MOOSAKOYA, DHARUSHIFA, KALLAMPARA, PERUMUGHAM P.O,
FEROKE, KOZHIKODE, PIN - 673631
BY ADV ANANDAKRISHNAN K.
RESPONDENT:
M/S.TATA CAPITAL LIMITED, REPRESENTED BY ITS AUTHORISED
OFFICER,
BRANCH OFFICE AT GROUND FLOOR, JAIN TOWER II, NETAJI
NAGAR, NEAR LULU MALL, EDAPPALLY, COCHIN-682 024 REP.
BY ITS AUTHORIZED OFFICER, PIN - 682024
SRI. RAJITH R.-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 3rd day of October, 2024
The present Writ Petition has been filed seeking the
following prayers:
I. To issue a writ of mandamus or any other appropriate writ,
order or direction to keep in abeyance all the coercive
steps,including physical possession against the secured
assets of the petitioner in pursuance of Exhibit P1 order.
II. To direct the respondent to consider and pass order for
OTS in the loan facility availed by the petitioner.
III. To pass such other writ order or direction that this Hon'ble
Court may deem fit and proper in the facts to fulfil the
requirements of the petitioner, hence facilitate the loan
due amicably.
2. The petitioner had obtained loan of Rs.5 crores
from the respondent Financial Company. The petitioner
has defaulted in making repayment of the loan taken
from the respondent Financial Company. Therefore, the
Financial Company, after classifying the petitioner's loan
account as NPA, has proceeded further under the
provisions of the SARFAESI Act and Rules made
thereunder.
3. Challenging the SARFAESI proceedings, the
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petitioner has filed S.A 214/2021 before the Debts
Recovery Tribunal-I, Ernakulam. The petitioner earlier
approached this Court by filing OP (DRT) No.291/2021.
However, the same was dismissed vide order dated
03.02.2022. The learned counsel for the petitioner made
submission that the said OP (DRT) had become
infructuous and the sale of the secured asset had not
taken place.
4. The petitioner again approached this Court by
filing OP (DRT) No.121/2022, this Court disposed of the
said OP DRT in following terms:
6. Accordingly, there will be a direction to the
respondent bank to accept repayment of the entire
overdue amount of Rs.1,19,23,662/- along with bank
charges from the petitioners and regularise the loan
account of the petitioners on the following conditions :
(i) The overdue amount of Rs.1,19,23,662/- shall be
repaid in '10' equated monthly instalments.
(ii) The first instalment shall be paid on or before
21.03.2022.
(iii) Petitioners shall continue to pay the regular EMI's
along with the instalments directed above.
(iv) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in
accordance with law.
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(v) In order to enable the petitioners to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance
5. The petitioner has not complied with the direction
issued by this Court in the said OP(DRT) and has not paid
the amount in terms of the directions issued by this
Court
6. The petitioner tried to avoid the coercive
proceedings by adopting the tactics of filing these
petitions and taking orders with an intention not to
comply. As on today, the total outstanding amount is
Rs.6,40,00,000/-. The S.A. was filed way back in 2021.
The petitioner has no intention to settle the dues and
despite taking orders from this Court, he has not paid
the amount as per the direction issued by this Court.
I find this writ petition is nothing but an abuse of
process of the Court. In view thereof, the present writ
petition is dismissed with cost of Rs.25,000/- to be
deposited in the Chief Minister's Relief Fund for victims
of Wayanad landslide. If the cost is not deposited within
a period of two weeks from today, the District
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Magistrate, Kozhikode, shall take appropriate measures
to realize from the petitioner as arrears of the land
revenue.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
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APPENDIX OF WP(C) 30413/2024
PETITIONER EXHIBITS
Exhibit p1 THE TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE CJM, KOZHIKODE AGAINST A PETITION
FILED BY THE PETITIONER HEREIN DATED
21/08/2024
