Disposed

B.A Ahraf v. State of Kerala

Kerala HC4 Apr 2013WP(C)/3044/2013

Case brief

AI extract

What is this about?

In a Writ Petition under Article 226, Justice Antony Dominic directed the State Bank of India to consider the petitioner's request for restructuring agricultural loans to save his business unit, maintaining status quo in the meantime.

What did the court decide?

Directed the second respondent to consider the petitioner's representation dated 02.03.2013 regarding loan restructuring within six weeks and maintain status quo.

B.A Ahraf Vs State of Kerala — Service and Employment | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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THURSDAY, THE 4TH DAY OF APRIL 2013/14TH CHAITHRA 1935

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WP(C).No. 3044 of 2013 (E)

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AGAINST THE ORDER/JUDGMENT IN CMP.3502/2012 of CHIEF JUDL.MAGISTRATE, ERNAKULAM DATED 19-09-2012

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PETITIONER(S):-

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B.A ASHRAF AGED 57 YEARS AYYALIL HOUSE, HMT JUNCTION, KALAMASSERY ERNAKULAM DISTRICT.

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BY ADVS.SRI.K.M.VARGHESE

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SRI.SHAHUL HAMEED MOOPPAN

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RESPONDENT(S):-

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1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001.

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2. STATE BANK OF INDIA KALOOR BRANCH, ERNAKULAM. PIN-682 017.

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3. AUTHORIZED OFFICER (SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002), STATE BANK OF INDIA, PONOTH SHOPPING COMPLEX, KALOOR ERNAKULAM, PIN. 682 017.

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4. REGIONAL MANAGER STATE BANK OF INDIA, REGIONAL OFFICE, SHANMUGHAM ROAD ERNAKULAM.

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RR-R2 BY ADV. SRI.P.V.SURENDRANATH R BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3044 of 2013 (E)

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APPENDIX

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PETITIONER(S) EXHIBITS:-

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P1- TRUE COPY OF THE NOTICE DATED 9TH NOVEMBER 2011 ISSUED BY THE RESPONDENT NO.2.

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P2- TRUE COPY OF THE REPRESENTATION DATED 3RD OCTOBER 2012 IN RESPECT OF M/S. HAFI FLORITECH SUBMITTED BY THE PETITIONER.

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P3- TRUE COPY OF THE REPRESENTATION DATED 3RD OCTOBER 2012 IN RESPECT OF HAFI ORCHIDS SUBMITTED BY PETITIONER.

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P4- TRUE COPY OF THE REPRESENTATION DATED 3RD OCTOBER 2012 IN RESPECT OF M/S.HAFI BIO-TECH AND RESEARCH CENTRE.

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P5- TRUE COPY OF THE ORDER DATED 19TH SEPTEMBER 2012 IN C.M.P. NO.3502 OF 2012 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.

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P6- TRUE COPY OF THE POSSESSION NOTICE DATED IST OCTOBER 2012 ISSUED BY THE RESPONDENT NO.2.

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P7- TRUE COPY OF THE JUDGMENT DATED 30TH OCTOBER 2012 IN WP[C]NO.25064 OF 2012.

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P8- TRUE COPY OF THE PROPOSAL DATED 21TH NOVEMBER 2012 GIVEN BY THE PETITIONER.

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P9- TRUE COPY OF THE LETTER DATED 18TH DECEMBER 2012 ISSUED BY THE RESPONDENT NO.2.

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P10- TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA NEWS DAILY DATED 24TH JANUARY 2013.

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P11- TRUE COPY OF THE REPRESENTATION DATED 28TH JANUARY 2013 SUBMITTED BY THE PETITIONER TO THE CHIEF MINISTER.

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P12- TRUE COPY OF CRL.MP.NO.3502/2012 DTD.13.9.2012 PENDING BEFORE CHIEF JUDICIAL MAGISTRATE COURT-I, ERNAKULAM.

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P13- TRUE COPY OF LETTER DTD.9.2.2013 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT.

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P14- TRUE COPY OF LETTER DTD.2.3.2013 ISSUED BY PETITIONER AND WIFE TO STATE BANK OF INDIA.

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RESPONDENTS' EXHIBITS:-

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R4(a)- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD.18.12.2012.

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(Contd.....)

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-: 2 :-

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R4(b)- TRUE COPY OIF THE SETTLEMENT OFFER EVIDENCING THE ACCEPTANCE OF THE PETITIONER ON 7.1.2013.

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R4(c)- TRUE COPY OF THE MINUTES OF THE SPECIAL MEETING CONVENED ON 5.2.2013.

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R4(d)- TRUE COPY OF THE STATEMENT OF ACCOUNT RELATING TO LOAN ACCOUNT NO.10084160814.

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R4(e)- TRUE COPY OF THE STATEMENT OF ACCOUNT RELATING TO LOAN ACCOUNT NO.30008692794.

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R4(f)- TRUE COPY OF THE STATEMENT OF ACCOUNT RELATING TO LOAN ACCOUNT NO.10084193545.

( true copy )

PA TO JUDGE.

Kvs/-

ANTONY DOMINIC,J

W.P.(C) No.3044 of 2013

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Dated this the 4^th day of April, 2013

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JUDGMENT

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Petitioner had availed of three agricultural loans

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from the respondent Bank. Due to unforseen circumstances, repayments were defaulted and that led to SARFAESI proceedings against the petitioner. Although, the liability was offered to be settled, fact remains that the settlement did not take place as the petitioner did not pay the amounts as demanded by the Bank. In view of the financial constraints that still haunt the petitioner, they now request that the loan be restructured as per the provisions of Ext.R4(c) guidelines. This request of the petitioner is contained in Ext.P14 submitted by him to the respondents.

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Although the fact that the petitioner is a defaulter

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is not to be doubted, still when the request made by him for restructuring of his loan is pending consideration of

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W.P.(c) No.3044 of 2013 : 2 :

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the respondents, I am inclined to think that respondents should consider that request so that if by a process of restructuring the loan, the unit of the petitioner can be saved, that will be in public interest.

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In that view of the matter, I dispose of this writ petition directing the second respondent to consider Ext.P14 representation dated 02.03.2013 and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within six weeks of receipt of a copy of this judgment and in the meanwhile status quo as ordered by this Court will be maintained.

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Sd/- ANTONY DOMINIC, JUDGE

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B.A Ahraf v. State of Kerala

Case brief

What is this about?

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B.A Ahraf v. State of Kerala

Case brief

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