Kerala High Court
Abdul Kareem C H vs Authorised Officer on 27 January, 2025
2025:KER:6293
WP(C) Nos.2161 & 2209 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 2161 OF 2025
PETITIONER/S:
ABDUL KAREEM C H.,AGED 40 YEARS
S/O, HAIDER, CHERUVATTATH HOUSE, CHAMAKKALA,
CHENTRAPPINNI, KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680687
BY ADVS.
SARATH BABU KOTTAKKAL
E.ADITHYAN
RESPONDENT/S:
1 AUTHORISED OFFICER,CANARA BANK, A1, MULLA BUILDINGS,
CHENTRAPPINNI, THRISSUR, PIN - 680687
2 BRANCH MANAGER,CANARA KODUNGALLUR BRANCH, 555,
CHANDRIKA COMPLEX, NH 17, KODUNGALLUR,
THRISSUR, PIN - 680687
3 DEPUTY TAHASILDAR,KODUNGALLUR TALUK OFFICE,
KODUNGALLUR, THRISSUR DISTRICT, PIN - 680664
4 GENERAL MANAGER,CANARA BANK, A1, MULLA BUILDINGS,
CHENTRAPPINI, THRISSUR, PIN - 680687
BY ADV SHRI.M.GOPIKRISHNAN NAMBIAR, SC, CANARA BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2025, ALONG WITH WP(C).2209/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:6293
WP(C) Nos.2161 & 2209 OF 2025 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 2209 OF 2025
PETITIONER/S:
ABDUL KAREEM C H,AGED 40 YEARS
S/O, HAIDER, CHERUVATTATH HOUSE,CHAMAKKALA,
CHENTRAPPINNI,KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680687
BY ADVS.
SARATH BABU KOTTAKKAL
E.ADITHYAN
RESPONDENT/S:
1 AUTHORISED OFFICER,CANARA BANK, A1, MULLA BUILDINGS,
CHENTRAPPINNI, THRISSUR, PIN - 680687
2 BRANCH MANAGER,CANARA KODUNGALLUR BRANCH, 555,
CHANDRIKA COMPLEX, NH 17, KODUNGALLUR,
THRISSUR, PIN - 680687
3 THE DEPUTY TAHSILDAR, KODUNGALLUR TALUK OFFICE,
KODUNGALLUR, THRISSUR DISTRICT, PIN - 680664
4 GENERAL MANAGER,CANARA BANK, A1, MULLA BUILDINGS,
CHENTRAPPINNI, THRISSUR, PIN - 680687
BY ADV SHRI.M.GOPIKRISHNAN NAMBIAR, SC, CANARA BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2025, ALONG WITH WP(C).2161/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:6293
WP(C) Nos.2161 & 2209 OF 2025 3
JUDGMENT
[WP(C) Nos.2161/2025, 2209/2025]
Petitioner is common in these writ petitions. He
availed credit facilities (namely an overdraft facility and a
term loan) from the respondent bank. Petitioner has
approached this Court challenging proceedings initiated by
the respondent Bank under the provisions of the Revenue
Recovery Act (hereinafter referred to as 'the Act') for
recovery of the amounts due from the petitioner in respect
of these loans.
2. When this matter is taken up for consideration
today, petitioner has confined the relief to an opportunity for
repaying the defaulted amounts in instalments and to obtain
regularisation of the loan accounts.
3. Learned counsel appearing for the respondent
bank submits that in respect of the overdraft availed by the
petitioner, the account cannot be regularised and the entire
dues in respect of the said loan have to be paid. It is
submitted that, if the outstanding amount in the overdraft
facility is cleared, the term loan can be regularised by
paying the defaulted amount in limited instalments. It is
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submitted that in respect of the term loan availed by the
petitioner, as on 27.01.2025, an amount of Rs.73,678/-
(Rupees Seventy three thousand six hundred and seventy
eight only) is the overdue amount and the petitioner can be
allowed to regularise the same by paying the said amount in
limited instalments. It is submitted that, in respect of the
overdraft facility availed by the petitioner, the outstanding
amount, as on 27.01.2025, would come to Rs.9,81,548/-
(Rupees Nine lakhs eighty one thousand five hundred and
forty eight only) and the respondent bank is willing to permit
the petitioner to clear the same in limited instalments. .
4. Having regard to the circumstances of the case
and the submission made as recorded above, I am of the
view that in respect of the term loan, the petitioner can be
granted an opportunity to repay the overdue amount in eight
instalments and thereafter, if the amount so directed is
repaid within the time as directed above, to have the loan
account regularised. In respect of the overdraft facility
availed by the petitioner, I am of the view that the petitioner
can be granted an opportunity to repay the outstanding
amount in eight instalments.
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5. Accordingly, there will be a direction to the
respondent bank to accept repayment of the entire
outstanding amount of Rs.9,81,548/- (Rupees Nine lakhs
eighty one thousand five hundred and forty eight only) due
under the overdraft facility along with any accrued interest
and bank charges from the petitioner in the following
manner:-
(i) The entire outstanding amount of Rs.9,81,548/- (Rupees
Nine lakhs eighty one thousand five hundred and forty eight
only) shall be repaid in eight equated monthly instalments
along with any accrued interest/costs;
(ii) The first instalment shall be paid on or before 15.02.2025
and the subsequent instalments shall be paid on or before
the 15th day of the succeeding months;
(iii) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in accordance
with law;
(iv) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
6. In respect of the term loan availed by the
petitioner, there will be a direction to the respondent bank
to accept repayment of the entire overdue amount of
Rs.73,678/- (Rupees Seventy three thousand six hundred
and seventy eight only) along with any accrued interest/bank
charges from the petitioner in eight equal monthly
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instalments and regularise the loan account of the petitioner
in the following manner:-
(i) The overdue amount of Rs.73,678/- (Rupees Seventy three
thousand six hundred and seventy eight only) along with
any accrued interest and charges shall be repaid in ten
equated monthly instalments;
(ii)The first instalment shall be paid on or before 15.10.2025
and the subsequent instalments shall be paid on or before
the 15th day of each succeeding month;
(iii) Petitioner shall continue to pay the regular instalments
on the loan in the due dates without fail;
(v) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in accordance
with law;
(vi) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
2025:KER:6293
APPENDIX OF WP(C) 2161/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 7
OF REVENUE RECOVERY ACT DATED 6-11-2024
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE PRIOR TO
ATTACHMENT OF LAND ISSUED U/S 34 OF REVENUE
RECOVERY ACT DATED 6-11-2024
2025:KER:6293
APPENDIX OF WP(C) 2209/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 7
OF REVENUE RECOVERY ACT DATED 6-11-2024
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE PRIOR TO
ATTACHMENT OF LAND ISSUED U/S 34 OF REVENUE
RECOVERY ACT DATED 6-11-2024
