V.M. Abdul Nazeerkutty @ Nazeer Khan vs Authorised Officer
2024 Latest Caselaw 30161 Ker

Kerala High Court

V.M. Abdul Nazeerkutty @ Nazeer Khan vs Authorised Officer on 24 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 37328 OF 2024




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                                                                       2024:KER:79199


                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                            THE HONOURABLE MR. JUSTICE D. K. SINGH

                THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946

                                    WP(C) NO. 37328 OF 2024


PETITIONER/S:

                V.M. ABDUL NAZEERKUTTY @ NAZEER KHAN, AGED 67 YEARS
                S/O. ABDULLA, BROTHERS VILLA, EDAKKULANGRA P.O, KARUNAGAPPALLY, KOLLAM
                DISTRICT,, PIN - 690523


                BY ADVS. B.RENJITHKUMAR
                CLARA SHERIN FRANCIS


RESPONDENT/S:

       1        AUTHORISED OFFICER
                FEDERAL BANK LTD., LOAN COLLECTION AND RECOVERY DEPARTMENT,
                MAVELIKKARA DIVISION, 1ST FLOOR, PADINJARE THALACKAL, CHERIYAN CHAMBERS,
                MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101

       2        THE BRANCH MANAGER, FEDERAL BANK LTD., KALLADA BRANCH, WEST KALLADA P.O,
                KOLLAM DISTRICT, PIN - 691500



                SRI.P PAULCHAN ANTONY-SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.10.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37328 OF 2024




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                                                            2024:KER:79199



                                   JUDGMENT

The petitioner took a business loan of Rs.1 crore 50 lakhs from the

respondent Bank in 2018. The petitioner committed default in repaying

the loan amount in terms of the loan agreement. Therefore, the Bank,

after classifying the petitioner's loan account as NPA, proceeded

against the petitioner under the provisions of the SARFAESI Act and the

Rules made thereunder.

2. The learned Counsel for the respondent Bank, on

instructions, submits that as of 05.10.2024, the outstanding amount is

Rs.1,84,97,505/- and the overdue amount is Rs.22,54,524/-.

3. Learned Counsel for the petitioner submits that the petitioner

has moved Ext.P4 requesting a reduction in the monthly instalments to

the original rate.

4. The respondent Bank is a private entity, and no writ of

mandamus can be issued under Article 226 of the Constitution of India WP(C) NO. 37328 OF 2024

2024:KER:79199

against a private entity. Therefore, the writ petition is not maintainable.

However, it is for the petitioner and the Bank to sort out their disputes

by taking recourse to appropriate remedies/measures.

The writ petition stands dismissed.

Sd/-

D. K. SINGH JUDGE jjj WP(C) NO. 37328 OF 2024

2024:KER:79199

APPENDIX OF WP(C) 37328/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE AGREEMENT DATED 18.11.2014

Exhibit-P2 TRUE COPY OF THE LETTER LETTER NO. CFPL/2024-25/005 DATED 20.6.2024

Exhibit-P3 TRUE COPY OF THE NOTICE DATED15.10.2024 ISSUED BY THE 1ST RESPONDENT

Exhibit-P4 TRUE COPY OF THE REQUEST DATED 16.10.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS