Disposed

Hashimudeen, v. the Authorised Officer/Divisional Manager

Kerala HC15 Jan 2020WP(C)/15/2020

Case brief

AI extract

What is this about?

Writ petition filed to stay taking over of secured assets by an Advocate Commissioner due to housing loan defaults. The court directed the bank to furnish an authenticated account statement and granted the petitioner six months to clear dues via two installments and an initial payment. Coercive steps were stayed subject to compliance.

What did the court decide?

Bank to furnish authenticated account statement; petitioner to pay Rs. 2 lakhs immediately and clear dues in two installments by Feb and March 2020; coercive steps stayed.

Hashimudeen, Vs the Authorised Officer/Divisional Manager — Banking and Recovery | Kerala HC (2020)

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WP(C).No.15 OF 2020(B)

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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 ALEXANDER THOMAS

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WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941

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WP(C).No.15 OF 2020(B)

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PETITIONER/S:

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HASHIMUDEEN, AGED 46 YEARS

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S/O.SHAMSUDEEN, THADAVILA PADINJATTATHIL, NEDUMPANA P.O., NEDUMPANA VILLAGE, KOLLAM DISTRICT - 691 576.

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BY ADVS. SMT.MINI GANGADHARAN SHRI.N.SHIVA PRASADAN

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RESPONDENT/S:

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1 THE AUTHORISED OFFICER/DIVISIONAL MANAGER, M/S.CANARA BANK, R.A.H., KOLLAM - 691 001.

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2 THE BRANCH MANAGER, CANARA BANK, THRIKKOVILAVATTOM BRANCH, KOLLAM - 691 576.

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OTHER PRESENT:

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SRI.M.GOPIKRISHNAN NAMBIAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15 OF 2020(B)

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ALEXANDER THOMAS, J.

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W.P.(C.) No. 15 of 2020

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Dated this the 15^th day of January, 2020

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JUDGMENT

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The prayers in the above W.P.(C.) are as follows :

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“(i) Issue a writ of Certiorari or any other appropriate Writ, Order or Direction staying and deferring the taking over possession of the Secured Assets dated 05.01.2020 by the Advocate Commissioner issued as per the Order of the CJM's Court, Kollam in M.C.No.773/2019.

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(ii) To grant the petitioner with a short breathing span to clear the defaulted EMIs and to continue with the loan.

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(iii) Such other reliefs this Hon'ble Court may deem fit and proper to grant in the facts and circumstances of the case.”

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Heard Smt.Mini Gangadharan, learned counsel appearing for the petitioner and Sri. M.Gopikrishnan Nair, learned Standing Counsel appearing for the respondents-Canara Bank.

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Sri. M.Gopikrishnan Nair, learned Standing counsel appearing for the respondents-Canara Bank would submit on the basis of the instructions of the party that the housing loan was sanctioned in favour of the petitioner by the respondents-Canara Bank in the year 2017 for Rs.79 lakhs and that overdues to be cleared by the petitioner as on 06.01.2020 for regularizing the loan account is Rs.9,39,932/- and that the respondent bank is prepared to give the petitioner 3 months time to clear the overdues

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so as to regularise the loan account subject to the condition that the

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WP(C).No.15 OF 2020(B)

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petitioner shall also pay all applicable charges and interest and should also

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pay the regular EMIs in time. Until then, the respondent bank will keep in abeyance further coercive steps in pursuance to the impugned proceedings, but that in case the petitioner violates anyone of the abovesaid conditions, then the respondent bank will immediately proceed further with the impugned proceedings from the stage, where it has stopped.

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The learned counsel for the petitioner on the basis of instructions of the party would submit that the petitioner would immediately pay an amount of Rs.2 lakhs to the respondent bank on or before 31.01.2020 and that he may be given 3 monthly installments starting from February to be paid by the end of the month concerned.

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Due to the persuasion made by this Court, the respondentsCanara Bank does not appear to have very serious objection in the said course of action. Accordingly, the following directions and orders are passed :

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(1) The competent official of the respondent bank shall immediately furnish a comprehensive and authenticated statement of accounts pertaining to the instant loan transaction so as to precisely and clearly show the total dues to be paid by the borrower in the above transaction and the details may also be shown in the said statement, as to how the said figures have been arrived at, to the petitioner and this may be done within one week.The petitioner will immediately pay an amount of Rs.2 lakhs to the respondentsCanara Bank on or before 31.01.2020.

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(2) Further, the petitioner will clear the balance overdues inclusive of charges and interests in 3 monthly installments, ie. On 28.02.2020,

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WP(C).No.15 OF 2020(B)

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31.03.2020 and 30.03.2020 respectively subject to the condition that the petitioner shall pay regular EMIs in time. Until then, further coercive steps in pursuance to the impugned proceedings will keep in abeyance by the respondent bank.

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(3) However, in case the petitioner commits default in anyone of the abovesaid conditions, then the respondent bank will be at liberty to proceed immediately with the impugned proceedings from the stage, where it has stopped.

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With these observations and directions, the above W.P.(C.) will stand disposed of.

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sd/-

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ALEXANDER THOMAS, JUDGE

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SKS

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WP(C).No.15 OF 2020(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOCOPY OF SALE DEED NO.2149/2017 OF KANNANALLOOR SUB REGISTRY OFFICE IN FAVOR OF THE PETITIONER WITH RESPECT TO THE PURCHASE LOAN. EXHIBIT P2 TRUE PHOTOCOPY OF LOAN PASS BOOK FOR THE PETITIONER HAVING AVAILED RS.71,00,000/- ON 23/11/2017 AND SHOWING REPAYMENTS. EXHIBIT P3 TRUE COPY OF POSSESSION NOTICE DATED 24/09/2019 RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF APPLICATION DATED 10/10/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF NOTICE DATED NIL ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN M.C.NO.773/2019 COMMUNICATING THE PROPOSED TAKING OVER POSSESSION OF THE SECURED ASSETS ON 5/01/2020.

Hashimudeen, v. the Authorised Officer/Divisional Manager

Case brief

What is this about?

What did the court decide?

Hashimudeen, v. the Authorised Officer/Divisional Manager

Case brief

What is this about?

What did the court decide?

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