Muhammed Rafeeque vs The Authorized Officer
2024 Latest Caselaw 28173 Ker

Kerala High Court

Muhammed Rafeeque vs The Authorized Officer on 24 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                                             2024:KER:71503
W.A.No.1302 of 2024
                                       1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

 THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE

                                       &

                 THE HONOURABLE MR. JUSTICE S.MANU

TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                            WA NO. 1302 OF 2024

       AGAINST        THE   JUDGMENT       DATED   30.07.2024   IN   WP(C)

NO.22594 OF 2024 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

            MUHAMMED RAFEEQUE,
            AGED 65 YEARS
            S/O.MAMMU HAJI, RESIDING AT KARORATH HOUSE,
            KUNINHAD P.O., PURAMERI VIA, VADAKARA, KOZHIKODE,
            PIN - 673503

            BY ADVS.
            B.KRISHNA MANI
            DHANUJA M.S
            N.V.SANDHYA


RESPONDENT:

            THE AUTHORIZED OFFICER,
            IDBI BANK LTD., GROUND FLOOR AND FIRST FLOOR,
            CITY PLAZA, YMCA CROSS ROAD, KOZHIKODE,
            PIN - 673001

THIS WRIT       APPEAL HAVING           COME UP      FOR    ADMISSION ON
24.09.2024,     THE COURT ON           THE SAME      DAY   DELIVERED THE
FOLLOWING:
                                                                   2024:KER:71503
W.A.No.1302 of 2024
                                        2



   A.MUHAMED MUSTAQUE, Acg.C.J. & S.MANU, J.
  -------------------------------------------------------------------------------
                           W.A.No.1302 of 2024
 --------------------------------------------------------------------------------
           Dated this the 24th day of September, 2024

                                JUDGMENT

S.MANU, J.

Appellant approached this Court in W.P.

(C)No.22594/2024 challenging demand notice issued under

Section 13(2) of the SARFAESI Act and possession notice

issued later. By interim order dated 25.6.2024 learned

Single Judge directed the appellant to deposit Rs.6,00,000/-.

Appellant complied with the direction. When the writ

petition was taken up for final hearing, it was submitted by

the learned counsel for the Bank that the total outstanding

amount in respect of the loan is Rs.1,43,00,000/- and the

overdue amount is Rs.6,50,000/-. The Bank submitted

before the learned Single Judge that if the appellant pays

the overdue amount in four installments with regular

installments the Bank shall regularize the loan account. The 2024:KER:71503

learned Single Judge therefore disposed the writ petition

directing the petitioner to pay the overdue amount of

Rs.6,50,000/- in four installments along with regular

installments. The first installment was directed to be paid

on or before 20.08.2024 and remaining three installments

on or before fifteenth day of each succeeding month along

with regular installments. Further, the petitioner was

directed to continue to pay regular EMI as per the terms of

the loan agreement.

2. Appellant submits that in order to make the

payment of overdue amount along with regular installments

without further default, he may be granted eight

installments instead of four installments provided. Learned

counsel for the Bank objected to granting of more

installments.

3. We note that the appellant made a lump sum

payment as directed by the learned Single Judge by way of

interim order. The Bank fairly agreed for providing

installment facility. Taking note of the bonafides of the 2024:KER:71503

appellant expressed by making the payment in compliance

with the interim order and fact that the overdue amount is

Rs.6,50,000/- we deem it appropriate to re-fix the

installments as six, commencing from 05.10.2024.

Remaining installments shall be paid without fail on or

before fifth day of each succeeding month along with

regular installments. Bank will be free to proceed against

the appellant in case of failure to pay any of the

installments. It will be open to the appellant to approach

the Bank for any other beneficial arrangement as

acceptable also to the Bank.

Writ appeal is disposed of with the above directions.

Sd/-

A.MUHAMED MUSTAQUE, ACTING CHIEF JUSTICE

Sd/-

S.MANU, JUDGE

skj