Kerala High Court
Asif Ali Rehiman vs State Bank Of India on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
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WP(C) No. 36581 OF 2024
2024:KER:78714
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA,
1946
WP(C) NO. 36581 OF 2024
PETITIONERS:
1 ASIF ALI REHIMAN,
AGED 29 YEARS
ABDUL RAHMAN PADIKKAMATTATHIL HOUSE,
PALLARIMANGALAM P.O, MUVATTUPUZHA, PIN -
686671
2 ABDUL REHIMAN P.K.,
AGED 60 YEARS
ABDUL RAHMAN PADIKKAMATTATHIL HOUSE,
PALLARIMANGALAM P.O, MUVATTUPUZHA, PIN -
686671
3 SARJA ABDUL REHIMAN,
AGED 56 YEARS
W/O. ABDUL RAHMAN PADIKKAMATTATHIL HOUSE,
PALLARIMANGALAM P.O, MUVATTUPUZHA,
PIN - 686671.
BY ADV T. M. ABDUL LATHEEF
RESPONDENTS:
1 STATE BANK OF INDIA,
VELLOORKUNNAM P.O, MUVATTUPUZHA,
PIN - 686671.
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2 RETAIL ASSETS SMALL MEDIUM ENTERPRISES CITY
CREDUT CELL,
STATE BANK OF INDIA ,REPRESENTED BY
AUTHORIZED OFFICER/ CM PEARL TOWER
VELLOORKUNNAM MARKET P. O, MUVATTUPUZHA,
PIN - 686671
3 BRANCH MANAGER,
STATE BANK OF INDIA, VELLOORKUNNAM P.O.,
MUVATTUPUZHA, PIN - 686671.
BY ADV AMAL GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No. 36581 OF 2024
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 36581 of 2024
-------------------------
Dated this the 22nd day of October, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
1. To call for the relating to Exhibit P1 to P5 and to
issue a writ of certiorari quashing the entire
proceedings leading to the issuance of Ext p4 by
the 3rd respondent which was initiated by the
respondent bank for recovery of the loan amount
demanded by the respondent bank .
2. To issue a writ of mandamus commanding the
respondent to consider p5 representation allowing
wiping of interest and other charges and permit
the first petitioner to pay the principle amount in
40 installments starting after obtaining of the
Registration certificate for carrying out
employment in the medical field
3. Dispense with the filing of English transactions
of Vernacular documents;
4. Any other reliefs may be granted as prayed at
the time of argument and is deemed fit to be
granted by this Hon'ble court.
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2. The petitioner had availed educational loan of Rs. 15,80,422/-
from the respondent Bank which is to be repaid in equal monthly
installments. 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 petitioner 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.
3. The respondent Bank has once restructured the loan.
However, the petitioners had failed to abide by the terms of the
restructuring and the loan account again became NPA in 2024. The
Bank has recalled the loan and has filed OA before the DRT. As of
today, the total outstanding is Rs. 34,90,403/-.
4. The learned Counsel for the respondent Bank on instructions
submits that, as the loan has been recalled and the OA has been
filed, the loan account of the petitioners cannot be regularized.
However, the petitioners may pay the outstanding liability in
installments as this Court may direct.
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5. 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 entire
outstanding amount in fifteen equal monthly
installments.
(ii) The first installment as directed above is to
be paid on or before 15.11.2024 and the
remaining fourteen installments on or before
the fifteenth day of each succeeding month
thereafter.
(iii) In case of failure to make payment of the
first installment or any of the subsequent
installments as directed above, the respondent
Bank shall be free to proceed further against
the petitioner in accordance with the law to
realise its outstanding dues.
Sd/-
D. K. SINGH
JUDGE
Svn
WP(C) No. 36581 OF 2024
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APPENDIX OF WP(C) 36581/2024
PETITIONER EXHIBITS
Exhibit P1 OF THE PROVISIONAL DEGREE CERTIFICATE
ISSUED TO THE PETITIONER BY THE
UNIVERSITY DATED 14-08-2019
Exhibit P2 COPY OF THE SCORECARD FOR PASSING FMGE
IN DECEMBER 2022
Exhibit P3 COPY OF THE APPLICATION SUBMITTED FOR
REGISTRATION WITH KERALA STATE MEDICAL
COUNCIL DATED 18-09-2024
Exhibit P4 COPY OF THE COMMISSION NOTICE ISSUED BY
THE ADVOCATE COMMISSIONER TO THE
PETITIONERS DATED 08/10/2024
Exhibit P5 COPY OF REPRESENTATION DATED 15-10-2024
SUBMITTED BEFORE THE RESPONDENTS BY THE
PETITIONERS.
