Kerala High Court
Muhammed Ali Aged 39 Years vs The Assistant General Manager
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 19TH DAY OF DECEMBER 2014/28TH AGRAHAYANA, 1936
WP(C).No. 33016 of 2014 (B)
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PETITIONER(S):
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MUHAMMED ALI AGED 39 YEARS
S/O.UMMER, NEDUNGATTUKUDY HOUSE, M/S.A.G.TIMBER
EAST OKKAL, PERUMBAVOOR. 683 550
BY ADVS.SRI.PRAVEEN K. JOY
SRI.T.A.JOY
RESPONDENT(S):
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1. THE ASSISTANT GENERAL MANAGER
REGIONAL OFFICE, UCO BANK, NEAR MEDICAL TRUST
ERNAKULAM 683 031
2. THE SENIOR MANAGER
UCO BANK, ANGAMALY BRACH, ERNAKULAM DISTRICT 683 572
3. THE AUTHORISED OFFICER
UCO BANK, ERNAKULAM REGION,
ERNAKULAM DISTRICT - 683 031
BY ADV. SRI.GEORGE KARITHANAM VARGHESE,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19-12-2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No. 33016 of 2014 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 - THE TRUE PHOTOCOPY OF THE NOTICE
ISSUED BY THE 3RD RESPONDENT DATED 29-4-14
EXT.P2 - THE TRUE PHOTOCOPY OF THE
REPRESENTATION BEFORE THE RESPONDENT
P.R.RAMACHANDRA MENON, J.
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W.P.(C) No.33016 of 2014
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Dated this the 19th day of December, 2014
JUDGMENT
The petitioner had availed financial assistance from the respondent Bank creating security interest over the property in question. But the repayment could not be effected promptly, when the respondent Bank proceeded against the petitioner by resorting to the remedy under the SARFAESI Act which in turn is under challenge in this writ petition.
2. The learned counsel for the petitioner submits that the default was never wilful, but due to some unforeseen circumstances and that the petitioner does not dispute the liability to clear the due amount or the rights and liberties of the respondents in proceeding against the petitioner. The limited relief now pressed before this Court is to permit the petitioner to clear the entire liability granting some breathing time in this regard.
3. The learned counsel appearing for the respondent Bank submits on instructions that, the total outstanding liability as on 31.03.2014 is `51,14,593/- (Rupees fifty one lakhs fourteen 2 thousand five hundred ninety three only.
4. After hearing both the sides, particularly, in view of the limited relief sought for, this Court finds it fit and proper to permit the petitioner to clear the entire liability by way of 'eight' equal monthly instalments, the first of which shall be effected on or before the 31st day of December, 2014; followed by similar instalments to be effected on or before the last working day of the succeeding months. Subject to this, the coercive proceedings being pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that, if any default is committed with regard to repayment of liability as above, it will be open for the respondent Bank to proceed against the petitioner for realization of the entire amount in lump, from the stage where it stands now. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
Writ petition is disposed of.
P.R.RAMACHANDRA MENON, JUDGE sj