High Court of KeralaWP(C)/19728/2015disposed of

Muneer v. State Bank Of Travancore

2015-07-02Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).No. 19728 of 2015 (M) --------------------------------------- PETITIONER(S):

----------------------- MUNEER, AGED 42 YEARS, S/O.KOYAKUNJU VAIDYAR, PROPRIETOR OF THEMEEM STORES, XIX/588A, VIJAYA BANK COMPLEX, NH BYE PASS, NETOOR P.O, ERNAKULAM DISTRICT.

BY ADVS.SRI.SHANKAR V.

SRI.RAJESH NARAYANAN RESPONDENT(S):

------------------------- THE STATE BANK OF TRAVANCORE, PERUMANOOR, COCHIN SHIPYARD BRANCH, ERNAKULAM, KOCHI-15, REPRESENTED BY ITS AUTHORISED OFFICER-682 015. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 19728 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 : TRUE COPY OF THE JUDGMENT WPC 1529/15 DT.28-1-15. EXT.P2 : TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DT.16-5-15. EXT.P3 : TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT DTD.2-6-15.

EXT.P4 : TRUE COPY OF THE COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS.70,000/- EXT.P5 : TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.19728 of 2015 ******************************************************* Dated this the 2nd day of July, 2015

JUDGMENT

The petitioner, impugning SARFAESI proceedings, approached this Court in W.P.(C) No.1529/2015. This Court ordered the petitioner to clear the overdue amount as on 20.2.2015 and direct the Bank to regularize the account. It appears that the petitioner committed some default in paying the amount. However, the petitioner has paid the certain amount after the period granted by this Court. The petitioner submits that he is prepared to pay the entire overdue amount as on today and the Bank may be directed to regularize the account.

2. Learned counsel for the Bank opposes the prayer of the petitioner and submits that the cash credit facility availed by the petitioner was renewed from time to time and the Bank cannot now extend any facility to the petitioner.

Taking note of the fact that the petitioner is willing to clear the entire overdue amount, I am of the view, the Bank shall take a

W.P.(C) No.19728 of 2015 2 lenient view in the matter. Accordingly, following directions are issued:

1. The petitioner shall deposit the entire overdue amount within two weeks from today.

2. If the petitioner deposits the amount as above, the Bank shall consider the request to renew the cash credit facility in accordance with the norms as requested by the petitioner in Ext.P5.

3. To work out the above reliefs, all further proceedings against the petitioner shall be deferred for a period of one month.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln