Kerala High Court
Sindhu Panjikuzhiyil Sivasankaran vs The State Disaster Management ... on 30 July, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941
WP(C).No.31559 of 2018
PETITIONER/S:
SINDHU PANJIKUZHIYIL SIVASANKARAN,
AGED 38 YEARS,
PROPRIETOR, BHARATH TEX,
FIRST FLOOR, V809C,
FERRY ROAD, KALAMASSERY,
ERNAKULAM
(W/O BIJU JOSEPH,HOUSE NO 5/695,
FERRY ROAD,
NORTH KALAMASSERY, ERNAKULAM - 683104)
BY ADVS.
SRI.K.S.MADHUSOODANAN
SMT.C.C.BINDHYA
SRI.K.S.MIZVER
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
SMT.S.JESSIN
RESPONDENT/S:
1 THE STATE DISASTER MANAGEMENT AUTHORITY (KERALA),
REPRESENTED BY THE CHAIRMAN- ADDITIONAL CHIEF
SECRETARY,
DEPARTMENT OF DISASTER MANAGEMENT ,
2 ND FLOOR, REVENUE COMPLEX,
THIRUVANANTHAPURAM
PIN -695033
2 THE STATE LEVEL BANKER'S COMMITTEE (KERALA),
SLBC CELL, CIRCLE OFFICE, CANARA BANK BUILDING,
M.G.ROAD, THIRUVANANTHAPURAM,PIN-695001
REPRESENTED BY ITS CONVENOR AND GENERAL MANAGER,
CANARA BANK, THIRUVANANTHAPURAM.
3 RESERVE BANK OF INDIA,
REPRESNTED BY ITS GENERAL MANAGER AT COCHIN UNIT,
ERNAKULAM NORTH, POST BOX NO.3066,
COCHIN, PIN-682018.
WP(C).No.31559 of 2018
2
4 MAGMA FINCORP LTD.,
E1ST FLOOR, JAIN TOWERS, NH-47, BYE PASS ROAD,
POWER HOUSE EXTENSION JUNCTION, VYTILA, COCHIN,
PIN- 682019, REPRESENTED BY ITS BRANCH MANAGER.
5 BAJAJ FINSERV LTD.,
D.D. TOWERS, 61/1157, KALOOR-KADAVANTHARA ROAD,
KATHRIKADAVU, KALOOR-PIN-682017,
REPRESENTED BY ITS BRANCH MANAGER.
R1 BY SMT. PRINCY XAVIER, GP
R2 BY SRI. PAUL MATHEW MURICKEN
R3 BY SRI. B.S. SURESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.07.2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.31559 of 2018
3
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
"i) Call for the records connecting Exhibits P1 to P9 from the respondents concerned;
ii) Issue Writ of Mandamus or such other order directing respondents 1 to 3 to interdict from recovering the loans covered by Exhibits P2 & P3 by respondents 4 and 5, for granting 1 year moratorium and reschedule the same since thereafter;
iii) Issue Writ of Mandamus or other order directing respondents 4 & 5 to grant 1 year moratorium and reschedule the same thereafter, for prompt repayment of the loans covered by Exhibits P2 & P3;
iv) Such other reliefs as this Hon'ble Court may deems fit and proper and
v) Award cost to the petitioner."
2. The maintainability of this writ petition against the 4th and 5th respondents, which are non banking finance companies registered under Section WP(C).No.31559 of 2018 4 45A of the Reserve Bank Act, is doubtful. However, learned counsel appearing for the 5th respondent submitted that, the loan account of the petitioner was restructured, providing facility to the petitioner to pay the outstanding amount on and with effect from 02.06.2019 to 02.10.2020.
3. However, in the meanwhile, petitioner approached the bank and requested to close the loan in five installments and accordingly, five installments is provided to the petitioner, and Rs.70,000/- being the 1st installment, which is paid on 05.07.2019.
4. Rs.9,01,057/- is the total outstanding amount and some adjustments are provided against the said amount and it was accordingly agreed by the bank, permitting the petitioner to pay the outstanding amounts in five installments specified above.
5. I am of the considered opinion that, though the writ petition is not maintainable against the 4th and 5th respondents, the said submission made by learned counsel appearing for the 5th respondent can be recorded. WP(C).No.31559 of 2018 5
The above stated aspects is recorded and the writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 30.07.2019 WP(C).No.31559 of 2018 6 APPENDIX OF WP(C) 31559/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE LICENSE NO.H-
41/2018-18 DATED 26.4.18 ISSUED BY KALAMASSERY MUNICIPALITY.
EXHIBIT P2 PHOTOCOPY OF THE LOAN REPAYMENT SCHEDULE OF 4TH RESPONDENT FROM 7.4.2018 TO 7.3.2021.
EXHIBIT P3 PHOTOCOPY OF THE LOAN REPAYMENT SCHEDULE OF 5TH RESPONDENT FROM 2.3.2018 TO 2.2.2021.
EXHIBIT P4 TWO PHOTOGRAPHS SHOWING THE WATER LOGGING OF THE ENTIRE PREMISE. EXHIBIT P5 PHOTOCOPY OF THE CERTIFICATE DATED 11.9.2018 REF.BT/IR/2018 CERTIFIED BY CHARTERED ENGINEER.
EXHIBIT P5 A PHOTOCOPY OF THE LOSS OF MATERIALS OF THE CONCERN AND THE DETAILS. EXHIBIT P6 PHOTOCOPY OF THE MASTER DIRECTION NO.FIDD.CO.FSD.BC.NO.8/05.10.001/201 7-18 DATED 3.7.2017.
EXHIBIT P7 PHOTOCOPY OF THE REPRESENTATION DATED 18.9.18 TO THE 4TH RESPONDENT. EXHIBIT P8 PHOTOCOPY OF THE REPRESENTATION DATED 18.9.18 TO THE 5TH RESPONDENT. EXHIBIT P9 PHOTOCOPY OF THE REPRESENTATION DATED 19.9.18 TO THE 2ND RESPONDENT. EXHIBIT P9 A PHOTOCOPY OF THE RECEIPTS.