Kerala High Court
Anshad.A.R vs The Branch Manager on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
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WP(C)No. 36423 OF 2024
2024:KER:77307
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. 36423 OF 2024
PETITIONER:
ANSHAD.A.R,
AGED 38 YEARS
S/O.ABDUL RAHUMAN, NISHAD MANZIL, THAZHAMEL,
CHOORAKULAM, ANCHAL P.O, KOLLAM, PIN - 691 306.
BY ADVS.
K.SIJU
ANJANA KANNATH
MARIYA JOSE
RESPONDENTS:
1 THE BRANCH MANAGER,
KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
ANCHAL MAIN BRANCH, ANCHAL P.O, KOLLAM,
PIN - 691 306.
2 AREA MANAGER/AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
ANCHAL AREA, ANCHAL P.O, KOLLAM, PIN - 691 306.
BY ADV.P.C. SASIDHARAN-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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WP(C)No. 36423 OF 2024
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 36423 of 2024
-------------------------
Dated this the 17th day of October, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
i. Issue a writ of mandamus or any other appropriate
writ order or direction, commanding the respondents
to grant 15 equal monthly installments to clear the
overdraft liability of the petitioner towards the
respondents.
ii. To grant such other reliefs this Hon'ble Court deems
fit and proper in the facts and circumstances of the
case.
2. The petitioner had availed cash credit facility of Rs.
12,00,000/- in the year 2018 from the respondent Bank for a
period of one year. However, the petitioner had committed
defaults in making repayment of the loan advanced by the
respondent Bank as per the loan agreement and, therefore, the
Bank after classifying the loan account of the petitioners as NPA
has proceeded further against the petitioner under the provisions
of the SARFAESI Act and the Rules made thereunder to realize its
outstanding dues.
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3. The learned Counsel for the respondent Bank on
instructions submits that, as of today, the total outstanding
liability of the petitioner in respect of overdraft facility availed is
Rs. 14,48,671/- and, if the petitioner makes some upfront
payment, the remaining amount can be paid by the petitioner
along with future interest in few installments.
4. Considering the aforesaid stand of the respondent Bank, the
present writ petition is disposed of on the following terms;
(i) The petitioner shall pay the Rs.
5,00,000/- on or before 15.11.2024 and
remaining outstanding amount in ten equal
monthly installments along with future
interest, if any.
(ii) The first installment as directed above
is to be paid on or before 15.12.2024 and the
remaining nine installments on or before the
fifteenth day of each succeeding month.
(iv) In case of failure to make payment of
Rs. 5,00,000/- or the first installment or any of
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the subsequent installments as directed
above, the respondent Bank shall be free to
proceed further against the petitioner to
realise its outstanding dues.
Sd/-
D. K. SINGH
JUDGE
Svn
WP(C)No. 36423 OF 2024
2024:KER:77307
APPENDIX OF WP(C) 36423/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE COPY OF DEATH CERTIFICATE OF THE
PETITIONER'S FATHER DATED 3.10.2023
ISSUED BY THE REGISTRAR OF BIRTHS AND
DEATHS, ANCHAL GRAMA PANCHAYAT.
Exhibit P2 THE COPY OF NOTICE DATED 8.10.2024
ISSUED UNDER 13(4) OF SARFAESI ACT BY
THE 2ND RESPONDENT TO THE PETITIONER
ALONG WITH ENGLISH TRANSLATION.
