Savad K.V vs The Authorised Officer
2024 Latest Caselaw 28429 Ker

Kerala High Court

Savad K.V vs The Authorised Officer on 25 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) NO. 30119 OF 2023




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                              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. 30119 OF 2023


        PETITIONER/S:

                          SAVAD K.V., AGED 36 YEARS
                          S/O.MUHAMMED, KALIYARVATTATHU HOUSE, PAINKANNUR P.O.,
                          MALAPPURAM DISTRICT, PIN - 676552


                          BY ADVS. A.N.SATHISH KUMAR
                          SUMODH MADHAVAN NAIR




        RESPONDENT/S:

                          THE AUTHORISED OFFICER,
                          MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD. MALAPPURAM, HEAD
                          OFFICE, UP HILL, MALAPPURAM, PIN - 676505



                THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 25.09.2024, THE COURT ON
        THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30119 OF 2023




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                                              JUDGMENT

The present writ petition has been filed seeking the following

reliefs:

"(i) To issue a writ of certiorari or other appropriate writ, or order quashing Ext.P2.

(ii) To issue a writ of mandamus or other appropriate writ or order directing the respondents to allow the petitioner to pay the overdue amount in convenient monthly instalments after waiving the penal interest and other hidden charges; and

(iii) Grant such other relief as this Hon'ble Court may consider just and proper in the interest of justice, including costs.

(iv) To dispense English translation of the Malayalam documents."

2. Despite notice, nobody has entered appearance on

behalf of the respondent-Bank. As per the averments made in the

writ petition, the petitioner had availed a Housing Loan of Rs.15

lakhs from the respondent Bank on 27.01.2014. The tenure of the

said loan was for a period of 10 years to be repaid in equal monthly

instalments, which is already over. The petitioner has committed WP(C) NO. 30119 OF 2023

2024:KER:71328

default in making repayment of the loan as per the terms of the

loan agreement. Therefore, the Bank, after classifying the loan

account of the petitioner as NPA, has proceeded further under the

provisions of the SARFAESI Act and Rules made thereunder.

3. Learned Counsel for the petitioner submits that the

petitioner wants to discharge the liability in instalments.

4. As no one has entered appearance on behalf of the

respondent Bank, this Court cannot grant the instalment facility.

However, the petitioner may approach the Bank for

restructuring/rescheduling the payment terms for the

outstanding amount due to the Bank.

With the aforesaid observation, the present writ petition

stands disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE jjj WP(C) NO. 30119 OF 2023

2024:KER:71328

APPENDIX OF WP(C) 30119/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PETITION PREFERRED BY THE RESPONDENT BANK BEFORE THE HON'BLE CJM COURT, MANJERI NUMBERED AS C.M.P.NO.2661/2018 DATED 29.08.2018

Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 04.09.2023