Kerala High Court
Jees A.A vs The Authorized Officer People’S ... on 6 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 31537 OF 2024
1
2024:KER:67819
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 31537 OF 2024
PETITIONER/S:
1 JEES A.A
AGED 54 YEARS
S/O AMBROSE, ARAMCHERY (H), EDAVANAKKAD P.O, ERNAKULAM DISTRICT,
PIN - 682502
2 ANTONY K.P
AGED 55 YEARS
S/O PETER, KALATHIL (H), MALIPPURAM P.O, ERNAKULAM DISTRICT., PIN -
682511
BY ADVS.
T.N.SURESH
YEDU KRISHNA S.
P.SREEJITH
MEDHA MARIA MATHEW
AISWARYA UNNIKRISHNAN
RESPONDENT/S:
1 THE AUTHORIZED OFFICER PEOPLE'S URBAN CO-OPERATIVE BANK
PEOPLE'S URBAN CO-OPERATIVE BANK LTD. NO. 51, HEAD OFFICE
THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301
2 THE MANAGER PEOPLE'S URBAN CO-OPERATIVE BANK
PEOPLE'S URBAN CO-OPERATIVE BANK LTD. NO. 51, ERNAKULAM BRANCH,
SRINIVAS ENCLAVE, TD EAST SANNIDHI ROAD ERNAKULAM, ERNAKULAM
DISTRICT, PIN - 682035
WP(C) NO. 31537 OF 2024
2
2024:KER:67819
OTHER PRESENT:
SRI. DEVAPRASANTH P.J.-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31537 OF 2024
3
2024:KER:67819
JUDGMENT
The present writ petition has been filed seeking the following
reliefs:
"1. Call for the records of EXHIBIT P-2 to EXHIBIT P-4 from the
respondents.
2. Pass a writ of Mandamus directing the 2nd respondent bank to
consider the EXHIBIT P4 and afford the benefit of the installment
facility to the petitioners.
3. The counsel for the petitioner hereby undertakes that the English
translation of the Vernacular documents shall be produced as and
when it is required by this Hon'ble court. Therefore, the production
of English translations of vernacular documents may be dispensed
with for the time being.
4. Such other reliefs deemed to be fit by this Honorable Court."
2. The petitioners had obtained a term loan of Rs.10 lakhs
from the respondent Bank on 02.11.2018 by creating an equitable
mortgage over his property extending 1.21 Ares (3 cents) of land
comprised in Resurvey no: 195/6 in Blcok Number 5 old survey No.
WP(C) NO. 31537 OF 2024
2024:KER:67819
165/3 of Edavanakkad Village Kochi Taluk, as per sale deed no:
3886/2004 of SRO Kuzuppilly and 0.81 Ares (2 Cents) comprised in
Resurvey No. 195/6 in Block No. 5, Old survey No. 165/3 of
Edavanakkad village as per sale deed No. 2268/2005 of SRO
Kuzuppilly.
2.1 The petitioners have committed default in repaying the
loan amount in terms of the loan agreement. Therefore, the Bank,
after classifying the petitioners' loan account as NPA, has
proceeded against them under the provisions of the SARFAESI Act
and the Rules made thereunder.
3. Learned Counsel for the Bank submits that as of today
the overdue amount is Rs.8,22,511/- and the outstanding amount
of Rs.12,30,261/-. The tenure for repayment of the loan is up to
2027. Learned Counsel, on instructions, further submits that if the
petitioners make a substantial upfront payment and pay off the
remaining overdue amount in few instalments as this Court may
WP(C) NO. 31537 OF 2024
2024:KER:67819
direct along with regular instalments, the Bank shall not proceed
further with the SARFAESI proceedings and will regularize the
loan account of the petitioners after receipt of the entire overdue
amount for making payment in terms of the loan agreement.
4. Considering the said stand of the learned Counsel for the
respondent Bank, the present writ petition is disposed of on the
following terms:
(i) The petitioners shall pay an upfront amount of Rs.2 lakhs on
or before 05.10.2024.
(ii) The remaining overdue amount, along with regular
instalments, is to be paid in ten equal monthly instalments.
(iii) The first instalment is to be paid on or before 07.11.2024, and
the remaining nine instalments on or before the 7th day of each
succeeding month, along with regular instalments.
(iv) After making payment of the entire overdue amount
along with regular instalments, the petitioners shall continue to
WP(C) NO. 31537 OF 2024
2024:KER:67819
pay the regular instalments till the entire loan liability is
discharged.
(v) In case of failure to make payment of the upfront amount of
Rs.2 lakhs or any instalments as directed above, the Bank shall be
free to proceed against the petitioners in accordance with the law.
The writ petition stands disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
WP(C) NO. 31537 OF 2024
2024:KER:67819
APPENDIX OF WP(C) 31537/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 15/05/2024
FOR TOTAL EXTENT ISSUED BY THE VILLAGE OFFICER
EDAVANAKKAD
Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 12/8/2024 ISSUED
BY THE ADVOCATE COMMISSIONER
Exhibit P3 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE
LOAN DATED 16/08/2024
Exhibit P4 THE TRUE COPY OF THE REQUEST DATED 21/08/2024
SUBMITTED BY THE 1ST PETITIONER TO THE 2ND
RESPONDENT BANK WITH A COPY TO THE 1ST RESPONDENT
Exhibit P4(a) THE TRUE COPY OF ENGLISH TRANSLATION OF THE
REQUEST DATED 21/08/2024 SUBMITTED BY THE 1ST
PETITIONER TO THE 2ND RESPONDENT BANK WITH A COPY
TO THE 1ST RESPONDENT
