Kerala High Court
Sanooja Rafeek vs The Branch Manager on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 37040 OF 2024
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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. 37040 OF 2024
PETITIONER/S:
1 SANOOJA RAFEEK, AGED 41 YEARS
W/O. RAFEEK, KONICHIRA HOUSE, POOCHAKKAL, PANAVALLI VILLAGE,
POOCHAKKAL . P.O, CHERTHALA THALUK, ALAPPUZHA DISTRICT,, PIN -
688526
2 RAFEEK, AGED 46 YEARS
S/O YUSUFF, KONICHIRA HOUSE, POOCHAKKAL, PANAVALLI VILLAGE,
POOCHAKKAL . P.O, CHERTHALA THALUK, ALAPPUZHA DISTRICT,, PIN -
688526
BY ADV P.V.DILEEP
RESPONDENT/S:
1 THE BRANCH MANAGER
SUNDARAM HOME FINANCE LIMITED, KAYAMKULAM BRANCH, SECOND
FLOOR, CENTER POINT, NEAR POST OFFICE, K.P.ROAD, KAYAMKULAM,
KAYAMKULAM P.O, ALAPPUZHA DISTRICT,, PIN - 690502
2 THE REGIONAL OFFICER (AUTHORIZED OFFICER)
SUNDARAM HOME FINANCE LIMITED, SUNDARAM TOWERS, (21 PATULLOS
ROAD) 46 , WHITES ROAD, CHENNAI, TAMIL NADU,, PIN - 600014
SRI. VINO JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37040 OF 2024
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JUDGMENT
The present writ petition has been filed seeking the following
reliefs:
"i. Issue a writ of certiorari or other appropriate writ direction or
order, commanding the respondents not to initiate any further
proceedings pursuant on Exhibt-P1 notice and to permit to repay
the remaining amounts as installments.
ii. Issue a writ certiorari or other appropriate writ direction or order
directing to stop further proceedings pursuant to Exhibt-P1 notice
in M.C. No. 536/2024 pending before Hon'ble C.J.M. Court,
Alappuzha.
iii. Issue a writ of certiorari or other appropriate writ direction or
order, commanding the respondents not to initiate any further
proceedings against secured assets of petitioners having an extent
of 2.31 Ares and 40 square meters of properties in old Survey No.
68/3 of Panavally village, Cherthala Thaluk, Alappuzha District
including the dwelling house belongs the petitioners.
iv. Grant such other reliefs to the petitioner, as this Hon'ble Court
may deem fit, in the interest of justice.
v. To dispense with producing English translation of documents in
vernacular languages."
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2. The petitioners took a business loan from the
respondent Bank. However, the petitioners failed to discharge the
loan liability in terms of the loan agreement. The Bank, after
classifying the petitioners' loan account as NPA, proceeded under
the provisions of the SARFAESI Act and the Rules made
thereunder to realize its dues.
3. The learned Counsel for the Bank submits that the
repayment tenure is already over. The balance amount for closing
the loan account is Rs.4,95,869/-. He further submits that the
petitioner must show bona fide by making substantial upfront
payments, and the remaining amount can be paid in a few
instalments along with future interest, if any.
4. Considering the said stand of the learned Counsel for the
respondent Bank, the present writ petition is disposed of on the
following terms:
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(i) The petitioners shall pay an upfront amount of Rs.1 lakh on
or before 30.10.2024.
(ii) The remaining outstanding amount is directed to be paid in 12
equal monthly instalments along with future interest, if any.
(iii) The first instalment is to be paid on or before 15.11.2024 and
the remaining 11 instalments on or before the 15th day of each
succeeding month.
(iv) In case of failure to pay the upfront amount of Rs.1 lakh or
any subsequent instalments, the Bank shall be free to proceed
with the SARFAESI proceedings against the petitioners for
realization of its dues.
The writ petition stands disposed of.
Sd/-
D. K. SINGH
JUDGE
jjj
WP(C) NO. 37040 OF 2024
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APPENDIX OF WP(C) 37040/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT UNDER SECTION 13(4) OF THE
SECURITIZATION AND RECONSTRUCTION OF FINANCIAL
ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT
DATED 17.07.2024 IN LOAN A/C NO. 73000151.
Exhibit-P2 THE TRUE COPY OF THE CASE STATUS SHOWING PENDING
OF M.C. NO. 536/2024 BEFORE THE CHIEF JUDICIAL
MAGISTRATE COURT, ALAPPUZHA.
