Kerala High Court
Ramani S.Nair vs State Bank Of India Sbi on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
W.P.(C).No.5328 of 2024
2024:KER:77076
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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. 5328 OF 2024
PETITIONER:
RAMANI S.NAIR,
AGED 62 YEARS
D/O.APPUKUTTAN NAIR, GOVT. CONTRACTOR, MANCHERY
HOUSE, KOOVAPPADY, PERUMBAVOOR, ERNAKULAM, PIN -
683544
BY ADV AJITH KRISHNAN
RESPONDENTS:
1 STATE BANK OF INDIA SBI,
REPRESENTED BY CHIEF MANAGER/AUTHORISED OFFICER,
SME PERUMBAVOOR BRANCH, A.M.ROAD, PERUMBAVOOR,
ERNAKULAM, PIN - 683542
2 KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALA
BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN -
695010
3 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY, MUVATTUPUZHA, ERNAKULAM,
PIN - 686661
BY ADV V.V.JOSHI -R2
OTHER PRESENT:
SRI. JAYESH MOHAN KUMAR.K.-SC
W.P.(C).No.5328 of 2024
2024:KER:77076
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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.5328 of 2024
2024:KER:77076
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JUDGMENT
(Dated this the 17th day of October, 2024)
The present writ petition has been filed seeking the
following reliefs:
"i) Issue a writ of mandamus or writ of similar
nature or order or direction commanding the
1st respondent to keep all the coercive
proceedings under SARFAESI Act pursuant to
Ext-P4 in abeyance till the disbursal of bill
amounts to the petitioner by the 2nd and 3rd
respondents.
ii) To issue a writ of mandamus or writ of
similar nature or order or direction
commanding the 1st respondent to consider
Ext-P5 representation and to take appropriate
action deferring the coercive proceedings
under SARFAESI Act pursuant to Ext-P4 till the
disbursal of bill amounts to the petitioner by
2nd and 3rd respondents
iii) Issue such other writ order or direction as
this Hon'ble Court may deem fit and proper in
the interest of justice."
2. The petitioner had availed a cash credit facility of
Rs.1,00,00,000/- on 22.09.2019 from the respondent Bank.
2024:KER:77076
As on 26.02.2024 the outstanding amount of
Rs.2,50,83,832/-. The petitioner has failed to discharge the
loan liability and therefore, the Bank, after classifying the
petitioner's loan account as NPA, has proceeded against the
petitioner under the provisions of the SARFAESI Act and
Rules made thereunder. It appears that the petitioner has
certain dues against the Kerala Water Authority. The
petitioner had executed a Power of Attorney in favour of the
respondent Bank in respect of four projects. In compliance
with the order passed by this Court the Managing Director
of Kerala Water Authority has rendered a counter affidavit,
which would suggest that the petitioner has been paid
Rs.72,33,589/- by two cheques on 10.10.2024.
3. The petitioner is directed to remit the said
amount forthwith to the Bank and approach the Bank for
One Time Settlement/restructuring/rescheduling of the
payment in terms of the loan agreement. If the petitioner
pays the aforesaid amount as per the directions issued by
this Court and approaches the Bank for One Time
Settlement/restructuring/rescheduling of the payment in
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terms of the loan agreement, the Bank shall consider the
application of the petitioner. For a period of one month
from today, no further coercive measures are to be taken
against the petitioner subject to making payment of
Rs.72,33,539/-.
With the aforesaid direction the present writ
petition is disposed of.
Sd/-
D. K. SINGH
JUDGE
Mms
2024:KER:77076
APPENDIX OF WP(C) 5328/2024
PETITIONER'S EXHIBITS
EXHIBIT-P1 A TRUE COPY OF POWER OF ATTORNEY DATED
30/11/2019 EXECUTED BY PETITIONER IN
FAVOUR OF 1ST RESPONDENT
EXHIBIT-P2 A TRUE COPY OF THE JUDGMENT DATED
20/6/2023 IN W.P.(C)NO.19999/2023
EXHIBIT-P3 . A TRUE COPY OF THE JUDGMENT DATED
21/6/2023 IN W.P.(C)NO.20141/2023
EXHIBIT-P4 . A TRUE COPY OF DEMAND NOTICE DATED
15/12/2023 ISSUED BY THE 1ST RESPONDENT
EXHIBIT-P5 A TRUE COPY OF THE REPRESENTATION DATED
7/2/2024 SUBMITTED BY THE PETITIONER,
BEFORE THE 1ST RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT -R2(A) TRUE COPY OF THE REQUEST FROM
CONTRACTOR DATED 12/7/2024
EXHIBIT - R2(B) TRUE COPY OF THE REQUEST FROM
CONTRACTOR DATED 29/7/2024
EXHIBIT-R2(A) True copy of the G.O.(Rt)No.
666/2024/WRD, dated,
Thiruvananthapuram, 02.09.2024.
EXHIBIT-R2(B) True copy of the proceedings No. KWA-
JB/1484/2023-F1C(FUNDS), dated 14-10-
2024.
EXHIBIT-R2(C) True copy of the G.O(Rt)
No.655/2024/WRD, dated,
Thiruvananthapuram, 29.08.2024.
