Kerala High Court
P. Ramakrishnan vs South Indian Bank on 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
WP(C) NO. 11286 OF 2023
PETITIONER:
P. RAMAKRISHNAN
AGED 66 YEARS
S/O. THEYYAN, PULLANI HOUSE, KADALUNDI P.O,
KOZHIKODE DISTRICT -., PIN - 673302
BY ADV K.M.FIROZ
RESPONDENT:
SOUTH INDIAN BANK
REGIONAL OFFICE KOZHIKODE, FIRST FLOOR, HAPPY
TOWERS, VAIKKOM MOHAMMED BASHEER ROAD, MANANCHIRA
P.O, KOZHIKODE - 673001 REPRESENTED BY ITS
AUTHORISED OFFICER., PIN - 673001
ADV SUNIL SHANKER-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.11286/2023
:2 :
JUDGMENT
Dated this the 29th day of March, 2023 This writ petition is submitted by the guarantor of a loan transaction by which the daughter of the petitioner along with her partners in the business had availed a cash credit facility from the respondent bank. As the account has become NPA, recovery proceedings were initiated against the borrowers, under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act.
2. Earlier, the daughter of the petitioner along with the partners have approached this Court by filing WP(C) No.25742/2022 which was disposed of as per Ext.P2 judgment, directing that further proceedings initiated against the petitioners therein shall remain suspended on condition that the petitioners remit a sum of `20 lakhs towards the loan liability on or before 06.12.2022 and also clear the balance amount together with accrued interest and costs on or before 15.02.2023. The aforesaid judgment was rendered on 24.11.2022. However, the WP(C) No.11286/2023 :3 : aforesaid conditions imposed by this Court as per Ext.P2 were not complied with by the petitioners therein and consequently recovery proceedings were recommenced and as part of the same, the Advocate Commissioner appointed by the Chief Judicial Magistrate issued Ext.P5 notice proposing to take possession of the properties belonging to the petitioner herein, on or before 23.02.2023. However, on that day the possession was not taken and it is proposed to be taken on 30.03.2023. This writ petition is submitted in such circumstances.
3. Heard Sri. K.M. Firoz, the learned counsel appearing for the petitioner and Sri. Sunil Shankar, the learned counsel appearing for the respondent.
4. When the matter was taken up today, the learned counsel for the petitioner submits that he seeks a breathing time for approaching the Debts Recovery Tribunal against the proceedings that are being initiated against him. Considering the fact that the prayer sought by the petitioner is very limited, I deem it appropriate to dispose of this writ petition with the following directions:
WP(C) No.11286/2023:4 :
The petitioner is permitted to approach the Debts Recovery Tribunal by invoking his remedies under Section 17 of SARFAESI Act. To enable the petitioner to do so, further proceedings pursuant to Ext.P5 notice as regards the properties of the petitioner herein which are covered as per Ext.P4 shall be kept in abeyance for a period of three weeks from today.
Sd/-
ZIYAD RAHMAN A.A. JUDGE ncd WP(C) No.11286/2023 :5 : APPENDIX OF WP(C) 11286/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 01.08.2022 ISSUED BY THE AUTHORISED OFFICER OF THE RESPONDENT BANK REGARDING MULTI STORIED HOTEL BUILDING HAVING TOTAL BUILT UP AREA OF ABOUT 7775.40 SQUARE FEET KATHA NO 1558/42 AT HUNSUR BEGUR ROAD, 1ST WARD SARGUR TOWN, MYSORE DISTRICT Exhibit P2 . TRUE COPY OF THE JUDGMENT DATED 24.11.2022 IN WP(C) 25742 OF 2022 ON THE FILES OF HON'BLE HIGH COURT OF KERALA Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 16.02.2023 IN W.A. 112 OF 2023 ON THE FILES OF HON'BLE HIGH COURT OF KERALA Exhibit P4 A TRUE COPY OF THE POSSESSION NOTICE DATED 04.08.2022 ISSUED BY THE AUTHORISED OFFICER OF THE RESPONDENT BANK TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE ISSUED TO THE PETITIONER