Kerala High Court
Abdul Latheef vs The Urban Co-Operative Bank Ltd.No. ... on 24 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
1
WP(C)No. 35131 OF 2023
2024:KER:79414
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. 35131 OF 2023
PETITIONER/S:
ABDUL LATHEEF
AGED 57 YEARS
S/O. VEERAN HAJI KUNNATHIYIL HOUSE CHERUMUKKU
P.O THIRURANGADI MALAPPURAM, PIN - 676306
BY ADVS.
BINDUMOL JOSEPH
BEENA JOSEPH
V.HARIKRISHNAN
M.V.RAHUL
RESPONDENT/S:
1 THE URBAN CO-OPERATIVE BANK LTD.NO. 1758
PERINTHALMANNA REPRESENTED BY ITS AUTHORISED
OFFICER PB NO. 10, URBAN BANK BUILDING,
PATTAMBI ROAD PERINTHALMANNA MALAPPURAM
DISTRICT, KERALA, PIN - 679322
2 AUTHORIZED OFFICER
THE URBAN CO-OPERATIVE BANK LTD.NO. 1758
PERINTHALMANNA PB NO. 10, URBAN BANK BUILDING,
PATTAMBI ROAD PERINTHALMANNA MALAPPURAM
DISTRICT, KERALA, PIN - 679322
BY ADVS.
JAYASREE K.P.
JOHN JOSEPH(K/000875/2019)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
WP(C)No. 35131 OF 2023
2024:KER:79414
D. K. SINGH, J.
--------------------------
W.P.(C) No. 35131 of 2023
-------------------------
Dated this the 24th day of October, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
(i) Issue a writ of certiorari and quash Exhibit P1
notice issued by the first respondent, so as to
secure the ends of justice.
(ii) Issue a writ of mandamus or any other
appropriate writ, direction or order directing
the respondents to permit the petitioner to
clear the loan amount covered by Exhibit P1
notice issued by the 2nd respondent in 20
monthly installments, so as to secure the ends
of justice.
(iii) Such other reliefs that may be deemed fit
and proper by the Hon'ble Court in the
circumstances of this case.
2. The petitioner had availed cash credit facility of Rs.
55,00,000/- by mortgaging his property measuring 2 Acre 74 cents
of land in Sy. No. 63/4, 63/3, 63/7 and 63/5 at Nanminda Village,
Tirurangadi Taluk, Malappuram district from the respondent Bank
WP(C)No. 35131 OF 2023
2024:KER:79414
in the year 2013 which is to be repaid in equal monthly
installments. However, the petitioner had committed defaults in
making repayment of the loans advanced by the respondent Bank
as per the loan agreement and, therefore, the Bank after
classifying the loan accounts of the petitioner as NPA in the year
2022 and 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 learned Counsel for the petitioner submits that during
the pendency of this writ petition, the petitioner has remitted an
amount of Rs. 35,00,000/-.
4. The learned Counsel for the respondent Bank submits that
the Bank has no objection in accepting the outstanding liability in
few installments as this Court may provide.
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 respect of the cash
credit facility availed from the Bank in twelve
equal monthly installments.
WP(C)No. 35131 OF 2023
2024:KER:79414
(ii) The first installment is to be paid on or
before 07.12.2024 and the remaining eleven
installments on or before the seventh day of
each succeeding month thereafter.
(iii) In case of failure to make payments 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. 35131 OF 2023
2024:KER:79414
APPENDIX OF WP(C) 35131/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE NOTICE DATED
20.09.2023
EXHIBIT P2 A TRUE COPY OF THE PAYMENT RECEIPT DATED
15.11.2023 AN AMOUNT OF RS.10,00,000/-
BEFORE THE URBAB BANK
EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 03.10.2024
ISSUED BY THE ADVOCATE COMMISSIONER
