Ambika A vs The Thiruvananthapuram Co-Operative ... on 10 March, 2021

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Kerala High Court

Ambika A vs The Thiruvananthapuram Co-Operative ... on 10 March, 2021

Bench: A.M.Badar

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

   WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

                       WP(C).No.4770 OF 2021(U)


PETITIONER:

               AMBIKA A.
               AGED 60 YEARS
               D/O ANANDAVALLY, T.C.12/1107, PLAVILAKATHU VEEDU,
               THEKKINMOODU, VANCHIYOOR P.O.THIRUVANANTHAPURAM-695
               035.

               BY ADVS.
               SRI.G.SUDHEER
               SRI.R.HARIKRISHNAN (H-308)

RESPONDENTS:

      1        THE THIRUVANANTHAPURAM CO-OPERATIVE URBAN BANK LTD
               REPRESENTED BY ITS AUTHORIZED OFFICER/RECOVERY
               OFFICER, HEAD OFFICE, M.G.ROAD, THIRUVANANTHAPURAM-
               695 001.

      2        CORPORATION OF THIRUVANANTHAPURAM
               REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
               THIRUVANANTHAPURAM-695 001.

               R2 BY ADV. SRI.N.NANDAKUMARA MENON (SR.)
               R2 BY SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION


               SC- BANK- SMT. NISHA GEORGE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4770 OF 2021(U)

                                     2

                              JUDGMENT

Dated this the 10th day of March 2021 The petitioner has prayed for the following releifs in this petition. (1) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 2nd respondent to process the Ext.P6 application and issue the 2nd schedule amount under PMAY scheme to the petitioner within a time limit. (2) Direct the Ist respondent to give the proceedings under Ext.P3 till the time limit by which 2 nd respondent was directed to take decision on Ext.P6.

(3) Such other appropriate writ order or direction as this Hon'ble Court may deem fit and proper to meet the ends of justice.

2. The learned counsel for the petitioner submits that the petitioner is not in a position to repay the amount of loan taken by her from the 1st respondent and therefore, the 1st respondent be directed to wait till the petitioner gets benefit of PMAY Scheme.

3. The learned counsel for respondent No.1 drew my attention to the judgment at Ext.P4 passed in WP(C) No. 16968/2020 which was filed by the petitioner on an earlier occasion and submits that though, the facility of instalment was granted to the petitioner by this judgment, the petitioner has failed to honour the said judgment.

4. I have considered the submissions so advanced. The petitioner had availed financial assistance from the 1 st respondent by mortgaging the property. The petitioner has failed to repay the loan and that is how, the same was declared as non-performing asset and WP(C).No.4770 OF 2021(U) 3 the demand notice under Section 13(2) of the SARFAESI Act was issued. The petitioner was granted facility to repay the overdue amount in instalment by the judgment at Ext.P4 which is not complied by the petitioner. Even now, the petitioner is unable to repay the overdue amount of the loan availed by her from the 1st respondent.

The benefit to which, the petitioner may be entitled from the 2 nd respondent under the PMAY scheme has nothing to do with the contract entered into between the petitioner and the 1 st respondent. The petitioner is not in a position to honour the contract entered into by her with the first respondent and as such, the petition is devoid of merit and the same is accordingly dismissed.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.4770 OF 2021(U) 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 13 (2) OF SARFAEST ACT DATED 6.2.2020 BY THE RESPONDENT BANK EXHIBIT P2 TRUE COPY OF POSSESSION NOTICE NO 88/2020- 21 UNDER SECTION 13(12) OF THE SAID ACT DATED 7.7.2020 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE NOTICE UNDER SECTION 69 OF THE KERALA CO-OPERATIVE SOCIETIES ACT AND SECTION 13(2) OF THEE SARFAESI ACT DATED 23.7.2020 AND TRANSLATION EXHIBIT P4 COPY OF THE JUDGMENT IN WPC 16968/2020 DATED 18.8.2020 OF THIS HONOURABLE COURT EXHIBIT P5 COPY OF THE RECEIPT DATED 15.9.2020 ISSUED BY THE RESPONDENT BANK FOR RS 34,000/-

EXHIBIT P5 (A) COPY OF THE RECEIPT DATED 9.11.2020 ISSUED BY THE RESPONDENT BANK FOR RS 19,500/-

EXHIBIT P6 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT UNDER THE P.M.A.Y SCHEME AND TRANSLATION EXHIBIT P7 TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT SEEKING THREE MONTHS TIME TO CLEAR THE DUES DATED 18.12.2020 TRANSLATION

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