Kerala High Court
Abdul Salam V.P vs Canara Bank on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 34016 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34016 OF 2024
PETITIONER/S:
ABDUL SALAM V.P,
AGED 64 YEARS
S/O. HAMZA HAJI, PADIPURAKKAL HOUSE, MANIPURAM P.O, KODUVALLY,
KOZHIKODE, PIN - 673572
BY ADVS.
M.S.AMAL DHARSAN
THUSHARA JAMES
NOEL JACOB
RESPONDENT/S:
1 CANARA BANK,
KODUVALLY BRANCH, CALICUT-WAYANAD ROAD KODUVALLY, KOZHIKODE,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 673002
2 THE BRANCH MANAGER,
CANARA BANK, KODUVALLY BRANCH, CALICUT-WAYANAD ROAD
KODUVALLY, KOZHIKODE, PIN - 673002
3 THE REGIONAL MANAGER,
CANARA BANK, REGIONAL OFFICE, TALISAMOOHAM, ROAD, CHALAPPURAM,
KOZHIKODE, PIN - 673002
BY ADVS.
Gopikrishnan Nambiar M
WP(C) NO. 34016 OF 2024
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K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
OTHER PRESENT:
SRI.M. GOPIKRISHNAN NAMBIAR-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed seeking the following
reliefs:
"1) Issue a writ of mandamus, or any other writ, order or any other
direction directing the 2nd Respondent to issue an OTS approval letter
enabling the Petitioner to remit the OTS amount within 6 months from
today;
2) Issue a writ of certiorari, or any other writ, order or direction
quashing Exhibit P2 notice issued by the 1st Respondent;
3) Issue such other appropriate writ, direction or order as this Hon'ble
Court may deem fit and necessary."
2. The petitioner obtained a mortgage loan for Rs.32 lakhs
in 2021. The petitioner committed default in repaying the loan
amount. Therefore, the Bank, after classifying the petitioner's loan
account as NPA, proceeded under the provisions of the SARFAESI
Act and the Rules made thereunder.
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3. Ms Akhila Nambiar, learned Counsel for the Bank,
submits that ss of 17.09.2024, the total outstanding amount is
Rs.40,06,491/- and the overdue amount is Rs.2,44,000/-. She
further submits that if the petitioner is willing to discharge the
overdue amount in few instalments along with regular
instalments, the Bank shall regularize the loan account of the
petitioner for making payment in terms of the loan agreement
after receiving the entire overdue amount along with regular
instalments.
3. Considering the said stand of the Bank, the present writ
petition is disposed of on the following terms:
i. The petitioner shall remit the overdue amount in eight equal
monthly instalments along with the regular instalments.
ii. The first instalment is to be paid on or before 15.10.2024, and
the remaining seven instalments, along with regular instalments,
on or before the 15th day of each succeeding month.
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iii. After paying the overdue amount, the petitioner shall
continue to pay the regular instalments.
iv. In case of default in making the payment as aforesaid, the
Bank shall be free to proceed against the petitioner in accordance
with the law.
v. The petitioner may also approach the Bank for a one-time
settlement without being prejudiced with the aforesaid
conditions.
With the aforesaid direction, the writ petition stands
disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 34016/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 10/09/2024 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE NOTICE DATED 17/09/2024 ISSUED BY
THE 1ST RESPONDENT TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE OTS PROPOSAL DATED 23/09/2024
SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
WITH COPY TO THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER
