The High Court of Kerala dismissed a writ petition filed by a banker seeking relief regarding his alleged NPA loan account. The Court held that extraordinary circumstances were absent to interfere with proceedings under the SARFAESI Act.
The writ petition was dismissed without prejudice to the petitioner's statutory remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
WP(C) NO. 2137 OF 2023
PETITIONER:
BRIJESH M,
AGED 47 YEARS
S/O PRAKASHAN, E 203, HILITE RESIDENCY, PALAZHI,
KOZHIKODE, PIN – 673014
BY ADVS.R.SUDHISH
M.MANJU
RESPONDENTS:
1 PUNJAB NATIONAL BANK, REPRESENTED BY THE BRANCH MANAGER, MEENCHANDA BRANCH, VIJAYA BUILDINGS, BYEPASS JUNCTION, MEENCHANDA, KOZHIKODE, PIN – 6730182 THE AUTHORISED OFFICER/CHIEF MANAGER, PUNJAB NATIONAL BANK, CIRCLE SASTRA CENTRE, SHATHABDI BHAVAN, MINI BYPASS ROAD, GOVINDAPURAM, KOZHIKODE, PIN – 673016BY ADV K.P. SUDHEER ADVOCATE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.2137/2023
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Dated this the 9th day of June,2023
J U D G M E N T
The writ petition is filed, inter alia, to direct the
second respondent – Bank to permit the petitioner to pay off the overdue amount in equated monthly instalments and regularise the loan account.
unforeseen circumstances, he could not pay the instalments on time. The respondents have now classified the petitioner’s bank account as Non-performing Asset[NPA] and initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and is proceeding against the secured asset. The petitioner is prepared to pay off the entire overdue
W.P.(C)No.2137/2023
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amount in 24 equated monthly instalments. Hence, the writ petition.
by this Court, the petitioner was afforded an opportunity of being heard. The petitioner’s representation to pay off the overdue amount in instalments has been rejected by the Bank. The respondents are not ready to provide the petitioner with any instalment facility. Hence, the writ petition may be dismissed.
W.P.(C)No.2137/2023
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Bank Ltd vs. Naveen Mathew Philip [2023 LiveLaw (SC) 320], after adverting to a myriad of earlier judicial pronouncements rendered under the Act, has categorically declared that High Courts shall not, unless in extra ordinary circumstances, interfere with proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002, in writ proceedings under Article 226 of the Constitution of India.
Resultantly, the writ petition is dismissed, without
W.P.(C)No.2137/2023
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prejudice to the right of the petitioner to work out his remedies, in accordance with law.
Sd/-
C.S.DIAS,JUDGE
DST/09.06.23
//True copy// P.A.To Judge
W.P.(C)No.2137/2023
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APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1COPY OF THE DEMAND NOTICE ISSUED BY THE
RESPONDENT BANK TO THE PETITIONER DATED
15.09.2022
EXHIBIT P2COPY OF THE POSSESSION NOTICE DATED
14.12.2022 ISSUED BY THE RESPONDENT BANK
EXHIBIT P3COPY OF THE REPRESENTATION DATED 12/01/2023
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT BANK
RESPONDENT EXHIBITS
EXHIBIT R1 ( A )TRUE COPY OF LETTER DATED 01/03/2023 ISSUED
BY THE CHIEF MANAGER, RAM, PUNJAB NATIONAL
BANK, KOZHIKODE TO THE CHIEF MANAGER,
STRESSED ASSETS TARGETTED RESOLUTION ACTION
(SASTRA) DEPARTMENT, CIRCLE OFFICE, PUNJAB
NATIONAL BANK, KOZHIKODE.
EXHIBIT R1 ( B )TRUE COPY OF LETTER DATED 01/03/2023 ISSUED
BY THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT R1 ( C )TRUE COPY OF LETTER NO. RAM/MSME/M/B-99/20
DATED 10/12/2020 ISSUED BY THE SECOND
RESPONDENT TO THE FIRST RESPONDENT
1 issue framed by the court
Whether the writ petition is maintainable under Article 226 of the Constitution of India to direct the bank to permit repayment in instalments.
Colour shows how this judgement treated each authority
South Indian Bank Ltd vs. Naveen Mathew PhilipFollowed¶29
South Indian Bank Ltd vs. Naveen Mathew Philip [2023 LiveLaw (SC) 320]
Brijesh M
Punjab National Bank
The Authorised Officer/Chief Manager, Punjab National Bank
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court