Kerala High Court
Radhakrishna Pillai vs The Authorized Officer on 25 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:71712
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33204 OF 2024
PETITIONER:
RADHAKRISHNA PILLAI,
AGED 49 YEARS, S/O. SASIDHARAN PILLAI,
MANALEL PUTHEN VEED, PANDANAD P. O.,
CHENGANNUR, ALAPPUZHA, PIN - 689506.
BY ADVS.
SRI. B. PRAMOD
SRI. ATHUL M. V.
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
CANARA BANK, REGIONAL OFFICE, GROUND FLOOR,
BSNLCPO BUILDING, NEAR IRON BRIDGE, ALAPPUZHA,
REP. BY ITS MANAGER, PIN - 688011.
2 THE MANAGER,
CANARA BANK, CHENGANNUR BRANCH, PVR COMPLEX,
VANDIMALA JUNCTION, SH-1, ALAPPUZHA, PIN - 689121.
BY ADVS.
SRI. M. GOPIKRISHNAN NAMBIAR - SC
SMT. AKHILA NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33204 OF 2024 2
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DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 33204 of 2024
-------------------------
Dated this the 25th day of September, 2024
JUDGMENT
1. The present writ petition has been filed by the petitioner
for the following reliefs;
i) Issue a writ of certiorari calling for the
original Ext.P-1 notice and quashing the same;
ii) Issue a writ of mandamus or any other
appropriate writ or direction commanding the
respondents to permit the petitioner to
liquidate the liability mentioned in Ext.P-1
notice in equated monthly installments
spanning over a period of at least 18 months;
iii) Issue a writ of mandamus or any other
appropriate writ or direction commanding the
respondents to drop all the coercive steps
under the SARFAESI Act initiated against the
residential property of the petitioner mentioned
in Ext.P-1 notice;
iv) Grant such other order as this Hon'ble
Court deems fit and necessary in the facts and
circumstance of the case;
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v) Dispense with the translation of the
documents produced in the Vernacular
Language.
2. The petitioner had obtained a housing loan, overdraft
facility and Covid loan for Rs. 3,00,000/-, 5,00,000/- and 21,000/-
respectively from the respondent Bank. However, the petitioner
had committed defaults in making repayment of the loan
advanced by the respondent Bank as per the loan agreement and,
therefore, the respondent Bank after classifying the loan account
of the petitioner as NPA has proceeded further against the
petitioner under the provisions of the SARFAESI Act and Rules
made thereunder to realise its dues.
3. The learned Counsel for the petitioner submits that the
petitioner is willing to discharge the loan liability provided
petitioner is granted some time and also the facility of
installment for making repayment of the outstanding liability.
4. The learned Counsel for the respondent Bank on
instructions submits that, the tenure of the loan is already over
and, therefore, there is no question of regularizing the loan
account. The petitioner is required to pay the entire outstanding
amount in respect of the loan. If the petitioner makes substantial
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upfront payment and remaining amount can be paid in
installments.
5. Considering the above submission of the learned Counsel
for the respondent Bank, the present writ petition is disposed of
on the following terms;
(i) The petitioner shall pay upfront amount
of Rs. 2,50,000/- to the Bank on or before
20.10.2024 and remaining outstanding amount
in ten equal monthly installments.
(ii) The first installment as directed above is
required to be paid on or before 20.11.2024
and the remaining nine installments on or
before the twentieth day of each succeeding
month.
(iii) In case of failure to make payment of Rs.
2,50,000/- or any of the installments by the
petitioner as directed above, the respondent
Bank shall be free to proceed further against
the petitioner under the law to realize its
dues.
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(iv) If the sale of the secured assets takes
place on 27.09.2024, the Bank shall not
confirm the same till 20.10.2024 subject to
making payment of Rs. 2,50,000/- by the
petitioner on or before 20.10.2024.
(v) In case, the petitioner fails to make
payment of Rs. 2,50,000/- on or before
20.10.2024, the Bank may confirm the sale, if it
takes place on 27.09.2024.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
2024:KER:71712
APPENDIX OF WP(C) 33204/2024
PETITIONER'S EXHIBITS
EXHIBIT P-1 A TRUE COPY OF THE NOTICE DATED 27.08.2024
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P-2 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
BY MAMMEN MEMORIAL HOSPITAL, CHENGANNUR
DATED 15.07.2024
