In a writ petition seeking regularization of a loan account via repayment in 20 monthly installments, the Court recorded the Bank's refusal due to expired terms and substantial dues, citing jurisdictional limitations under Article 226 regarding SARFAESI proceedings, and disposed of the petition without granting the relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WP(C).No.116 OF 2020(L)
PETITIONER:
ABDUL BARI AGED 43 YEARS S/O. O.P HAJI, CHALAKKARA HOUSE, THACHAMPOYIL P.O., THAMARASSERY , KOZHIKODE-673 573
BY ADVS. SRI.ABDUL JALEEL.A SMT.M.A.SULFIA
RESPONDENT:
KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD. P.B.NO.503,CHALAPPURM P.O., KOZHIKOODE-673 002, REPRESENTED BY ITS AUTHORIZED OFFICER CUM SENIOR MANAGER, SASIKUMAR.K.,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ALEXANDER THOMAS, J.
W.P(C). No. 116 of 2020
Dated this the 14th day of January, 2020
JUDGMENT
The prayers in the above writ petition (Civil) are as follows:-
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respondent bank is constrained to take the stand that they are not willing to concede to the plea of the petitioner for regularisation of loan account by paying in instalments and further that the total outstanding dues as of now roughly comes to Rs.67,88,038/- as on 1001-2019 for closure of the loan account and that in case the petitioner approaches the respondent bank then, they are willing to consider granting reasonable time to the petitioner to clear the entire outstanding dues in three equal instalments ending by 31-03-2020. It appears from the tone and tenor of the submissions made by the learned counsel appearing for the petitioner on the basis of instructions from the petitioner that the petitioner may not be able to clear off such large liabilities within the short time limit of 31-032020. In view of the serious jurisdictional limitations imposed on this Court in exercise of discretion under Article 226 of the constitution of India in the matters impugned in SARFAESI proceedings, there is not much flexibility for this Court to interfere in this matter.
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respondent bank, the matter is only to close.
With these observations and directions, the above Writ Petition
(Civil) will stand disposed of.
Sd/- ALEXANDER THOMAS, JUDGE
KAS
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF NOTICE DATED 7.11.2018
EXHIBIT P2 THE TRUE COPY OF THE ORDER IN MC NO.451/2019 OF CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKKODE
EXHIBIT P3 THE TRUE COPY OF THE NOTICE ISSUED BY COMMISSIONER
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the High Court should direct the bank to regularize the loan account allowing repayment in 20 monthly installments.
Abdul Bari
Kozhikode District Co-operative Bank Ltd.
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
