Kerala High Court
Abdul Latheef A.P vs The Authorized Officer on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 36412 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 36412 OF 2024
PETITIONER:
ABDUL LATHEEF A.P.,
AGED 60 YEARS, S/O. MOIDEEN HAJI, 487/3,
ANAPPARA HOUSE, UNNIKKULAM P.O, THAMARSSERI,
KOZHIKODE DISTRICT, PIN - 673574.
BY ADVS.
BHARATH MURALI
MANU NAIR G.
AJAY SANKAR
SIDHARTH MURALI
RESPONDENT:
THE AUTHORIZED OFFICER,
THE CALICUT CO- OPERATIVE URBAN BANK LTD.
NO.1538, KALLAI ROAD, KOZHIKODE, PIN - 673002.
BY ADV.
SRI. DEVAPRASANTH P.J.-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 36412 of 2024
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Dated this the 17th day of October, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
i) To issue a writ of certiorari or other appropriate writ
order quashing Ext. P6.
ii) Issue a writ of mandamus or other appropriate writ or
order directing the respondents to maintain status quo on the
scheduled property till the disposal of I. A. 522/2024 in I.A
3329/2023 in AIR 689/2023 on the file of the Hon'ble Debt
Recovery Appellate Tribunal, Chennai.
iii) Grant such other reliefs as this Hon'ble Court may deem
just and proper in the interest of justice, including costs.
(iv) To dispense the above writ petition with English
Translation of the Malayalam Documents.
2. The petitioner had availed cash credit loan of Rs. 85,00,000/-
in the year 2015 from the respondent Bank by mortgaging
agricultural property admeasuring 110 cents comprised in Re-
Survey No. 80/1A1/1B. 235/37 (which is stated to be comprised in
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Re. Sy. No. 79/46/1 as per the title deed) in of Unnikulam Village,
Koyilandi Taluk, Kozhikode District.
3. The petitioner has failed to discharge the loan liability in
terms of the loan agreement and, therefore, the Bank after
classifying the loan account of the petitioner as NPA has
proceeded further against the petitioner under the provisions of
the SARFAESI Act and the Rules made thereunder to realise its
outstanding dues.
4. The petitioner has filed SA No. 149 of 2018 challenging the
proceedings undertaken by the Bank as per the provisions of the
SARFAESI Act and the Rules made thereunder. The DRT - I,
Ernakulam vide the Order dated 26.04.2023 dismissed the said SA.
Against the same, the petitioner has filed an appeal, AIR (SA) 689
of 2023 along with I. A. No. 329 of 2023. However, as the petitioner
has not made statutory deposit, the appeal is not maintainable,
and no order has been passed in the said appeal staying the further
proceedings by the Bank to realise the outstanding dues.
5. This is the third writ petition before this Court by the
petitioner. The first writ petition which was filed by the petitioner
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as W.P.(C) No. 17036 of 2023 whereby the DRAT was directed to
consider and disposed of the stay petition filed by the petitioner in
defective appeal and, until such time orders are passed on the stay
petition, further proceedings pursuant to the notice were
deferred. It appears that the petitioner did not prosecute the
appeal pending before the DRAT as he has not deposited the
statutory deposit, the same was dismissed for non-prosecution.
However, it has been restored but, no interim order has been
granted.
6. Thereafter the petitioner approached this Court by filing
W.P.(C) No. 8092 of 2024. The said writ petition was disposed of
vide Judgment dated 28.05.2024. Though the said writ petition
was disposed of, the interim order dated 28.02.2024 granted by
this Court is directed to continue for a period of two weeks.
7. The petitioner has not complied with the statutory
requirement of depositing 50% of the demanded sum and,
therefore, in my view, the appeal itself is not maintainable. The
petitioner is adopting every relative tactic for not paying the
amount due to the Bank and obstruct the SARFAESI proceedings
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undertaken by the Bank.
8. Considering the conduct of the petitioner, this Court finds no
grounds to entertain the present writ petition and, hence, the
same is hereby dismissed.
Sd/-
D. K. SINGH
JUDGE
Svn
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APPENDIX OF WP(C) 36412/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 26.04.2023
PASSED BY THE HON'BLE DEBT RECOVERY TRIBUNAL
IN S.A NO. 149 OF 2018
EXHIBIT P2 THE TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE HIGH COURT IN W.P (C) NO17036 OF
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 23.01.2024
PASSED BY HON'BLE DEBT RECOVERY APPELLATE
TRIBUNAL
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 28.02.2024
PASSED BY THE HON'BLE HIGH COURT OF KERALA
IN W.P(C) NO. 8092 OF 2023
EXHIBIT P5 THE TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE DEBT RECOVERY APPELLATE TRIBUNAL
EXHIBIT P6 THE TRUE COPY OF THE NOTICE DATED 30.09.2024
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