High Court of KeralaWP(C)/25665/2015disposed of

J Ramdas v. Authorized Officer

2015-08-31Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 31ST DAY OF AUGUST 2015/9TH BHADRA, 1937 WP(C).NO. 25665 OF 2015 (G) ---------------------------- PETITIONER(S):

--------------- J.RAMDAS AGED 50 YEARS S/O.JANARDHANAN NANDU BHAVANAM (MEMANA-KIZHAKKETHIL), CHERAVALLY KAYAMKULAM P.O., ALAPPUZHA DISTRICT.

BY ADVS.SRI.SIRAJ KAROLY SRI.R.PARAMESWARA IYER RESPONDENT(S):

--------------

1. AUTHORIZED OFFICER KERALA GRAMIN BANK, REGIONAL OFFICE, DANFOS ARCADE POTTAKKUZHI JUNCTION, ELAMAKKARA, KOCHI-682026.

2. THE BRANCH MANAGER KERALA GRAMIN BANK, KATTANAM BRANCH-PIN-682736.

3. THE GENERAL MANAGER KERALA GRAMIN BANK, HEAD OFFICE, MALAPPURAM-676505.

4. THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER ALAPPUZHA OFFICE OF THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER CIVIL STATION (ANNEX), THATHAMPALLY P.O.

ALAPPUZHA 688013.

R1 -R 3 BY ADV. SRI.T.R.RAVI, SC, S.MALABAR G. BANK BY GOVERNMENT PLEADER SRI.LIJU V.STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 25665 OF 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT-P1: TRUE COPY OF THE RATION CARD NO.1420099279 DATED 24.12.2008. EXHIBIT-P2: TRUE COPY OF THE CERTIFICATE DATED 18.08.2015 ISSUED BY THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER ALAPPUZHA DISTRICT EXHIBIT-P3: TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.SAJEEB MOHAMMED DATED 8.7.2014.

EXHIBIT-P4: TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 01.08.2015.

EXHIBIT-P5: TRUE COPY OF THE SALE NOTICE PUBLISHED IN MATHRUBHUMI DAILY NEWSPAPER DATED 1.8.2015 BY THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS:NIL ------------------------ //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 31st day of August, 2015

J U D G M E N T

The petitioner, who had availed of a loan from the respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the 'SARFAESI Act', to recover the loan amounts. The proceedings initiated by the bank resulted in Ext.P4 sale notice whereby the property of the petitioner was brought to sale. The sale is scheduled to be held on 04.09.2015. In the writ petition, the petitioner impugns the steps initiated by the respondent bank for recovery of the loan amounts.

2. I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing counsel appearing on behalf of the respondents.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit him to remit the balance amounts outstanding to the bank in easy instalments. Taking into account the

plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:- (i) The total amount outstanding from the petitioner to the respondent bank, is stated to be Rs.3,73,613/- together with accrued interest. Accordingly, if the petitioner pays the aforesaid amount of Rs.3,73,613/-, together with accrued interest, in 12 equal and successive monthly instalments commencing from 30.09.2015, then further proceedings for recovery of loan amounts from the petitioner shall be kept in abeyance. (ii) It is made clear that, if the petitioner commits a default in respect of any of the instalments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they presently stand.

(iii) I make it clear that, the aforesaid direction will not stand in the way of the petitioner being extended any benefit that is available to him by way of concession, either from the respondent bank, or through any other applicable executive order, in accordance with law.

A.K.JAYASANKARAN NAMBIAR JUDGE mns