Disposed

Syed Abuthahir P. v. the Federal Bank Ltd.

Kerala HC6 Aug 2016WP(C)/21453/2016

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging bank action under the SARFAESI Act. Acknowledging the petitioner's payment of an interim sum and willingness to settle, the judge granted time to pay remaining dues while directing the Advocate Commissioner to defer possession pending compliance.

What did the court decide?

Petitioner granted three months to pay balance dues in instalments; possession of premises deferred if payment conditions are met.

Syed Abuthahir P. Vs the Federal Bank Ltd. — Banking and Recovery | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

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WP(C).No. 21453 of 2016 (F)

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PETITIONER:

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SYED ABUTHAHIR P, S/O.PONNATHA RAWTHER,HAROON MANZIL, ROSAPOOKANDAMKARA,KUMILY VILLAGE, KUMILY P.O.IDUKKI-685 509.

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BY ADV. SRI.P.C.CHACKO(PARATHANAM)

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RESPONDENT(S):

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1. THE FEDERAL BANK LTD. KUMILY BRANCH,KUMILY P.O.IDUKKI DISTRICT. REPRESENTED BY ITS BRANCH MANAGER 685 509.

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2. THE AUTHORISED OFFICER, AND CHIEF MANAGER,FEDERAL BANK LTD,THODUPUZHA BRANCH,THODUPUZHA P.O.IDUKKI DISTRICT.685 584.

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R1,R2 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C) NO.21453 OF 2016

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PETITIONER(S)'EXHIBITS

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p1: COPY OF THE JUDGMENT DATED 23.07.2015 IN WPC NO 20272/2015 OF THIS HON'BLE COURT.

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P2: COPY OF THE RECEIPT DATED 25.09.2015 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

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P3: COPY OF THE RECEIPT DATED 25.11.2015 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

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P4: COPY OF THE RECEIPT DATED 26.11.2015 DATED TO THE PETITIONER BY THE 1ST RESPONDENT.

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P5: COPY OF THE RECEIPT DATED 21.12.2015 ISSUED TO THE PETITIONER BY THE RESPONDENT.

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P6: COPY OF RECEIPT DATED 12.01.2016 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

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P7: COPY OF THE CHEQUE DATED 17.06.2016 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

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RESPONDENT(S)'EXHIBITS: NIL

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

/TRUE COPY/

P.S.TO JUDGE

K.V.

A.M.SHAFFIQUE, J.

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W.P (C) No. 21453 of 2016

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Dated this the 06^th day of August, 2016

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J U D G M E N T

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Petitioner has approached this Court when proceedings

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had been taken by the respondent Bank under Section 14 of the SARFAESI Act. The Chief Judicial Magistrate had appointed an Advocate Commissioner and notice had been issued by Advocate Commissioner calling upon the petitioner to surrender possession of the premises in question.

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In fact, the petitioner had approached this Court earlier by filing W.P.(C) No. 20272/2015, which was disposed of by judgment dated 23.07.2015, by which the petitioner was granted time to repay the overdue amount and also permitting the Bank to regularize the housing loan account if the petitioner pays the overdue amount. It is stated that on account of certain financial difficulties the petitioner was unable to comply with the directions issued by this Court.

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Learned counsel for the respondent Bank submitted that the petitioner having not complied with the directions issued in W.P. (C) No.20272/2015, there is no reason why this Court should entertain the present writ petition.

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W.P (C) No. 21453 of 2016

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Learned counsel for the petitioner, however, submits that this writ petition having been filed on separate cause of action, the writ petition is maintainable. When the above writ petition came up for admission, notice on admission was ordered and a direction was given to the Advocate Commissioner to defer taking possession of the secures assets on condition of the petitioner remitting Rs.10,00,000/- within two weeks.

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It is submitted that the petitioner had remitted the said amount within the aforesaid period on 05.07.2016. Taking into consideration the fact that the petitioner had expressed his willingness to settle the liability, I am of the view that some concession has to be extended despite the fact that the petitioner did not comply with the earlier direction in W.P. (C) No.20272/2015.

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It is submitted that the balance amount will come to Rs.8,71,000/- as on 07.07.2016.

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Learned counsel for the petitioner also submits that petitioner is trying to arrive at a one time settlement with the respondent Bank. Nothing prevents the petitioner from approaching the Bank for any such settlement.

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W.P (C) No. 21453 of 2016

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8. Having regard to the aforesaid factual situation this

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writ petition is disposed of as under:

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(i) The petitioner shall pay the entire balance amount due to the respondent Bank with accrued interest and other charges within a period of three months from the date of receipt of a copy of this judgment in three equal monthly instalments starting from 06.09.2016.

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(ii) The Advocate Commissioner shall defer taking possession of the premises if the petitioner complies with the aforesaid direction, failing which it shall be open for the Advocate Commissioner to take possession of the premises and the Bank shall take further proceedings in accordance with law.

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This judgment does not preclude the petitioner from approaching the respondent Bank for one time settlement, if any.

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A.M.SHAFFIQUE JUDGE

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DMR/-

Syed Abuthahir P. v. the Federal Bank Ltd.

Case brief

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Syed Abuthahir P. v. the Federal Bank Ltd.

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