Dismissed

Aseena v. Urban Co. operative Bnak Ltd.

DRT5 Feb 2024SA/365/2023

Case brief

AI extract

What is this about?

The DRTP disposed of an application seeking to regularize a loan account and permit repayment in installments. Held that the sought reliefs do not fall under Section 13(4) of the SARFAESI Act, 2002. Application dismissed.

What did the court decide?

Application for regularization of loan and permitting repayment in installments dismissed.

Aseena versus Urban Co. operative Bnak Ltd. — Specific Performance | DRT (2024)

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Fair Order

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IN THE DEBTS RECOVERY TRIBUNAL - 1 AT ERNAKULAM

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DATED THIS 5^th DAY OF FEBRUARY, 2024

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PRESENT: Su. WILLYAHM, B.Sc., M.L. [DISTRICT JUDGE - Retd] PRESIDING OFFICER

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S.A No. 365 of 2023

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Between

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Aseena, W/o. Beerankutty, Residing at Panikottil House, Kathirkulangara, Ozhur P.O. Malappuram District-676307.

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--- Applicant

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And

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The Authorised Officer,

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Urban Co-operative Bank

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Limited No. F 1818,

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Head Office, Tirur,

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Malappuram District -676 101.

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The Branch Manager,

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Urban Co-operative Bank Limited No. F 1818,

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Ambalathinkal Branch, Parappurath Building, Tanalur, Malappuram District -676 307.

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--- Defendants

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This Securitization Application coming on 21.12.2023 for final hearing before me in the presence of Ms. Ann Olivia Vallavanadan, Advocate for the Applicant and Mr. Venkideswaran, Advocate for the defendants and upon hearing arguments of learned Counsels for both the parties and upon perusing the material on records, this Tribunal delivered the following:

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SA No.365 of 2023

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O R D E R

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This Securitisation Application was filed on 07.07.2023 seeking to direct the defendants to regularize the overdue amount in account No.2208740000252 with the defendant bank and permit the applicant to repay the overdue amount in monthly instalments as granted by this Hon'ble Tribunal and direct the defendants 1 and 2 to accept the overdue amount in instalments as prescribed by this Hon'ble Tribunal and to direct the defendants to recalculate the loan account taking into account the actual amount paid by the applicant in loan account No.2208740000252 with the defendant bank.

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The applicant has admitted in the SA with regard to availment of credit facilities from the defendant bank upon creation of equitable mortgage by deposit of title deeds over her immovable property measuring an extent of 5.11 Ares in Sy. No.165/4-24 in Ozhur Village, Tirur Taluk in Malappuram District. The defendants have also produced copy of credit sanction intimation, Annexure-B2 and copy of mortgage deed, Annexure-B3.

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The applicant has contended in the SA that even though she repaid Rs.2,32,500/-, the 2^nd defendant bank demanded outstanding amount of Rs.14,00,443/-. The applicant has produced copy of statement of account as Annexure-A2. The defendant has also produced the same as Annexure-B11. A perusal of Annexure-A2 shows that the payments made by the applicant were given credit to the loan account and that the outstanding amount payable to the 2^nd defendant bank as on 05.05.2021 is Rs.14,00,443/-. The applicant has herself had admitted in the SA that as the loan became irregular, the defendant bank made the account as “Non-performing Account”. It is noticed from the perusal of the written statement filed by the defendants that the loan account of the applicant came to be classified as Non-performing Asset on 08.04.2020.

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The demand notice dated 22.04.2021 was issued to the applicant calling upon her to pay the outstanding loan amount within 60 days of receipt of the notice. The defendants have produced copy of acknowledgement card, Annexure-B5 to show that demand notice was received by the applicant. Indisputably, the applicant neither sent any objection/representation to the demand notice nor did clear the outstanding liability to the 2^nd defendant bank. Therefore, possession notice Annexure-B6 was issued for taking symbolic possession of the secured asset. The defendants have produced the copy of

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Page 2 of 5

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SA No.365 of 2023

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acknowledgement card, Annexure-B7 to prove the receipt of the possession notice by the applicant.

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The defendants filed petition in Crl. M.P. No.1594/23 before the Chief Judicial Magistrate Court,, Manjeri, Order dated 10.05.2023, came to be passed in Crl. M.P. No.1594/23 appointing Advocate Commissioner to take physical possession of the secured asset. Pursuant to the direction given to the Advocate Commissioner in Crl. M.P. No.1594/23, the Advocate Commissioner issued notice dated 29.05.2023, Annexure-B9 informing the applicant that he would inspect the secured asset on 29.05.2023 around 2.00 pm.

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The applicant has not produced copy of the petition and the affidavit filed by the defendants in Crl. M.P. No.1594/23 and also copy of the order passed therein. It is also not the contention of the applicant in the SA that the details required under the proviso (i) to (ix) to the provisions under Section 14 of the SARFAESI Act, 2002 were not furnished in the affidavit filed in Crl. M.P. No.1594/2023. The applicant has also not stated in the affidavit as to whether the Order, Annexure-B8 passed by the learned Chief Judicial Magistrate, Manjeri suffers from any infirmity or flaw. One of the reliefs sought for by the applicant in the SA is to direct the 2^nd defendant bank to regularize the overdue amount in the loan account of the applicant and to permit her to repay the overdue amount in monthly installments which is to be granted by this Tribunal. It is revealed from the perusal of the written statement of the defendants that though sufficient opportunity was given, the applicant failed to clear the overdue amount and regularize the loan account. In any event, the above reliefs sought for by the applicant does not fall under the category of any of the measures contemplated under Section 13(4) of the SARFAESI Act, 2002.

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The applicant has miserably failed to prove her case as to how she is entitled to get the relief sought for in the SA.

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In view of the foregoing reasons and discussions, this Tribunal holds that the applicant is not entitled to get the reliefs sought for in this SA. In the result, S.A No.365 of 2023 stands dismissed. No costs.

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Dictated to Steno, taken down, transcribed, typed by him, corrected and pronounced by me in the open court on this the 5^th day of February, 2024.

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(Su. WILLYAHM) PRESIDING OFFICER

Mj/

Page 3 of 5

SA No.365 of 2023

List of documents filed by the Applicant along with the S.A.

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Sl. No.	Date	Particulars
1.	02.04.2023	True copy of the tax receipt No.KL10041602606/2023 issued by the Village Officer, Ozhur with English translation.	Annexure-A1
2.	--	True copy of the bank statement in Account No.2208740000252 for the periodfrom07.09.2019 to 31.05.2023	Annexure-A2
3.	29.05.2023	True copy of the Advocate Commissioner notice in Crl. M.P. No.1594/2023	Annexure-A3
4.	30.10.2023	True copy of the demand draft bearing No.148116 drawn for Rs.2,00,000/- from ESAFbank.	Annexure-A4

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List of documents filed by the defendants along with the written statement

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Sl.	Date	Particulars
No.
1.	--	Copy of the Loan application.	Annexure-B1
2.	--	Copy of the credit sanction intimation dulyacknowledged by theapplicant.	Annexure-B2
3.	--	Copy of the Mortgage deed.	Annexure-B3
4.	--	Copy of Section 13(2) Demand Notice.	Annexure-B4
5.	--	Copy of postal acknowledgement card of Annexure-B4 notice.	Annexure-B5
6.	--	Copy of Sec.13(4) possession notice.	Annexure-B6
7.	--	Duly acknowledged copy of Annexure- B6notice.	Annexure-B7
8.	10.05.2023	Copy of CJM order.	Annexure-B8
9.	29.05.2023	Copy of Advocate Commissioner notice	Annexure-B9
10.	27.10.2023	Copy of certificate detailing amount due to the bank.	Annexure-B10

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Page 4 of 5

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SA No.365 of 2023

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11.	--	True copy of the statement of loan account.	Annexure-B11
12.	06.09.2019	True copy of the notarized affidavit.	Annexure-B12
13.	19.08.2019	True copy of ownership certificate 5097301/541/2019 of the residential building.	Annexure-B13

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(Su. WILLYAHM) PRESIDING OFFICER

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Mj/

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Page 5 of 5

Aseena v. Urban Co. operative Bnak Ltd.

Case brief

What is this about?

What did the court decide?

Aseena v. Urban Co. operative Bnak Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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