Kerala High Court
Muhamed Haris vs State Bank Of India on 7 December, 2012
Author: Manjula Chellur
Bench: Manjula Chellur, P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 11TH DAY OF JANUARY 2013/21ST POUSHA 1934
WA.No. 52 of 2013 IN WP(C).25070:2012
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AGAINST THE JUDGMENT IN WP(C).25070/2012 DATED 07/12/2012
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APPELLANT/PETITIONERS:
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1. MUHAMED HARIS
6/1342,NAKSHATHARA NAGAR,KARINGARAPULLY
CHANDRNAGAR POST,PALAKKAD PIN:678 007.
2. SMT. SALEEN,
W/O HARIS,6/1342,NAKSHATHARA NAGAR
KARINGARAPULLY,CHANDRNAGAR POST,PALAKKAD PIN:678 007
3. BABU HUSSAIN,
18/323,CHETTITHEUVU,PALAKKAD.
4. AJMAL S.,
20/332,PUDUPALLI STREET,NOORNI OST
PALAKKAD.
5. ABDHULHADI,
BANGALAPARAMBU,T.B ROAD,VADAKKACHERRY
PALAKKAD DISTRICT.
6. JAFFER ALI,
12/95 CHETY STREET,SULTHANPET,PALAKKAD.
7. RAFEEK M.,
BANGALAPARAMBU HOUSE,VADAKKANCHERRY POST
PALAKKAD DISTRICT.
8. ANSHAD F.,
20/330 PUDUPALLY STREET,NOORNI,PALAKKAD.
9. ASHIK AHAMMED,
DARULDHUDA,MYTHRINAGAR,PALAKKAD.
10. MUHAMMED RAFI,
19,CHENTHAMARA NAGAR,THATHAMANGALAM
CHITTUR TALUK,PALAKKAD.
WA.No. 52 of 2013
11. ABDUL RAHIMAN H.,
S/O LATE HANEEFA RAWTHER,PONKKUNNAM,PALAKKAD.
12. AKBAR BASHA,
AYSHA MANZIL,THAAMADA,ETHANUR P.O.
PALAKKAD PIN:678 502.
13. VIJAYAN,
S/O CHAMIYAPPAN,THACHAMADA,ETHANOOR
PALAKKAD,PIN:678 502.
14. ABDUL GAFFOOR,
AYSHA MANZIL,THACHAMANADA,ETHANNUR
P.O.,PALAKKAD PIN:678 502.
15. ANSARI I.,
SYSHA MANZIL,THACHAMANADA,ETHANNUR
PALAKKAD PIN:678 502.
16. SAKEER HUSSAIN,
S/O HAMSA RAWTHER,VALIYAVEETTIL,ETHANNOOR
PALAKKAD,PIN:678 502.
17. AKBAR K.H.,
KULANGARA VEETTIL,NELLIKKAD,KALLEKKAD
PALAKKAD.
18. SHEREEF K.M.,
S/O MOHAMMEDH,CHUMBUKAD HOUSE,VARIAMPARAMPU
PALAKKAD.
19. MOHAMMEDALI S.,
S/O SAIDALAVI,MULANJENKAR HOUSE MEPARAMBU PALAKKAD.
20. BABU M.L.,
MUNJELI HOUSE,NANDHANAM,VEMBALLOOR
PALAKKAD.
21. HAIDRALI,
S/O HASSAN RAWTHAR,KADAVALAVU,THATHAMANGALAM
PALAKKAD PIN:678 102.
22. CHANDRAN,
SORRNABHAVANAM,MIDHUNAMBALLAM,KODUMB P.O.
PALAKKAD PIN: 678551
23. VASANTHI,
SORRNABHAVANAM,MIDHUNAMBALLAM,KODUMB P.O.
PALAKKAD PIN:678 551.
24. JAYASREE,
SORRNABHAVANAM,MIDHUNAMBALLAM,KODUMB P.O.
PALAKKAD PIN:678 551
WA.No. 52 of 2013
25. SACHIDANANDAN,
S/O ARUMUGHAN,THAAMANADA,ETHANOOR P.O.
PIN:678502.
26. KRISHNAN,
KODAKKAD HOUSE,KUNNEKKAD,VILAYANNUR 678 671.
27. RADHAKRISHNAN,
S/O RAJAN,MANEMKULAM HOUSE,VEMBALLOOR HOUSE
PIN:
28. OJEER BASHA,
S/O BABUJAN,BISMILLA HOUSE,DAM ROAD
VALAYAR.
BY ADV. SMT.E.V.MOLY
RESPONDENT/RESPONDENT:
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STATE BANK OF INDIA,
AGRICULTURAL DEVELOPMENT BRANCH,
OPPOSITE TO TOWN RAILWAY STATION,
PALAKKAD - 678 001. REPRESENTED BY ITS AUTHORISED OFFICER.
BY ADV. SRI.P.V.SURENDRANATH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11-01-2013,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Manjula Chellur, C.J. & P.R.Ramachandra Menon, J.
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W.A. No. 52 OF 2013
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Dated this the 11th day of January, 2013
JUDGMENT
Manjula Chellur, C.J.
Heard learned counsel for the appellants as well as learned counsel appearing for the respondent Bank.
2. The appellants have approached the learned Single Judge seeking extension of time for repayment of loan obtained by them from the respondent Bank till the end of May 2013 withholding the sale of produce kept in the godown by the appellants till the end of May 2013 so as to realise the best market price for the produce belonging to them. According to the appellants, on account of low price for dry ginger and turmeric grown by them, they were unable to sell the same so as to repay the loan amounts borrowed by them. Therefore, they were forced to keep it in the godown. Hypothication of this produce is not in dispute. It is also brought on record that the appellants have already offered some security and the respondent Bank has accepted the same. Appellants are also ready to furnish further security.
W.A. No. 52 of 2013 -:2:-
3. The learned Single Judge after referring to the observation of the Division Bench in the judgment in W.A. No. 1902 of 2012 and connected cases opined, the appellants are not entitled for extension of time. On perusal of the said judgment impugned and also paragraph 7 of the Division Bench judgment which was reproduced in the judgment of the learned Single Judge, the emphasis was with regard to the non-availability of security to the Bank to realise the amounts in case the produce would not fetch the price which was offered at that time. Here there is lot of difference so far as the facts are concerned. Apart from hypothication of the produce, some security is offered and the appellants are ready to offer further security towards the dues pending with the respondent Bank.
4. In that view of the matter, we are of the opinion, even if time is extended till 31.05.2013 so as to allow the maximum time to the appellants to secure best price for the produce belonging to them by curtailing the sale proceedings initiated now, no prejudice will be caused to the respondents. Accordingly, the appeal is allowed subject to the following directions.
W.A. No. 52 of 2013 -:3:-
The respondent Bank shall not proceed with the sale of the produce kept in the godown till the end of May, 2013, provided the appellants furnish further security, equivalent to the amounts due by them including the security already offered to the respondent Bank, on or before 15.02.2013. In case the appellants are not able to satisfy the payment of dues by 31.05.2013, the Bank is at liberty to sell the produce and so also the security if the value of the produce is not sufficient.
Manjula Chellur, Chief Justice.
P.R.Ramachandra Menon, Judge.
ttb/11/01