Dismissed

Rahila Beevi v. the Federal Bank Ltd.

Kerala HC8 Aug 2016WP(C)/22657/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a petitioner facing SARFAESI Act proceedings due to an inability to repay a cash credit facility in time. The Court allowed the petitioner to pay the dues in monthly installments.

What did the court decide?

Petitioner directed to pay the entire amount with accrued interest in ten equal monthly installments starting from 07/09/2016. Default invites legal action by the Bank.

Rahila Beevi Vs the Federal Bank Ltd. — Banking and Recovery | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

MONDAY, THE 8TH DAY OF AUGUST 2016/17TH SRAVANA, 1938

¶5

WP(C).No. 22657 of 2016 (F)

¶6

PETITIONER:

¶7

RAHILA BEEVI, AGED 63 YEARS,

¶8

W/O.LATE PEERUMUHAMMED ABOOBAKER, RESIDING AT "AMINA MANZIL", KNRA 143, PALLY STREET, POONTHURA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 026.

¶9

BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH

¶10

RESPONDENT(S):

¶11

1.THE FEDERAL BANK LTD.,

¶12

REPRESENTED BY ITS MANAGER, PATTOM BRANCH, LIC COMPOUND, PATTOM P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 004.

¶13

2.AUTHORIZED OFFICER, UNDER SARFAESI ACT, THE FEDERAL BANK LTD.,

¶14

LIC COMPOUND, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004.

¶15

3.BILAL ABOOBAKER, FLAT NO.3D, SAMSON AND SAMSON PR ENCLAVE, KURAVANKONAM, THIRUVANANTHAPURAM DISTRICT, PIN-695 003.

¶16

R1 & R2 BY ADVS.SRI.REJI GEORGE

¶17

SRI.BINOY DAVIS

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

mbr/

¶20

WP(C).No. 22657 of 2016 (F)

¶21

APPENDIX

¶22

PETITIONER(S)' EXHIBITS:

¶23

P1 : TRUE COPY OF THE NOTICE DATED 30.4.2016 ISSUED BY THE ADVOCATE COMMISSIONER, APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE IN MC NO.335 OF 2016 FILED BY THE 2ND RESPONDENT.

¶24

P2 : A TRUE COPY OF MC NO.335 OF 2016 FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM UNDER SECTION 14(1) OF THE SARFAESI ACT.

¶25

RESPONDENT(S)' EXHIBITS: NIL -----------------------

//TRUE COPY//

P.S. TO JUDGE

mbr/

**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.22657 of 2016

¶30

Dated this the 8^th day of August 2016

¶31

J U D G M E N T

¶32

Petitioner has approached this Court being faced with the proceedings initiated by the respondent Bank under the SARFAESI Act.

¶33

Petitioner had availed a cash credit facility for Rs.30,00,000/- from the respondent bank. But the petitioner could not repay the monthly instalments in time on account of certain financial difficulties. In the meantime, proceedings had been taken by the respondent Bank under the SARFAESI Act.

¶34

Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the entire amount in instalments, if some time is granted.

¶35

Having regard to the fact that the petitioner had expressed the willingness to repay the amount in instalments, I am of the view that some indulgence can be shown to the petitioner.

¶36

Accordingly, this writ petition is disposed of as under:

¶37

W.P.C.No.22657/2016

¶38

¶39

(i) The petitioner shall pay the entire amount with accrued interest in ten equal monthly instalments starting from 07/09/2016.

¶40

(ii) If there is default in payment of any of the aforesaid amounts, it shall be open for the respondent Bank to take such steps in accordance with law.

¶41

(sd/-)

¶42

(A.M.SHAFFIQUE, JUDGE)

¶43

jsr

Rahila Beevi v. the Federal Bank Ltd.

Case brief

What is this about?

What did the court decide?

Rahila Beevi v. the Federal Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.P. Foller Flour Mills Vs Dr. Asha Thomas

Ussan a Vs the Authorised Officer

C.K.Asokan Vs State of Kerala

Shyju Antony Vs the District Collector

Suma S Vs the Authorized Officer

Madhavan Nair Vs Authorised Officer, District Co-Operative Bank