Kerala High Court
M.A.Rahim vs Union Bank Of India on 30 June, 2006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 8TH DAY OF APRIL 2014/18TH CHAITHRA, 1936
WP(C).No. 9467 of 2014 (G)
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PETITIONER(S):
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M.A.RAHIM, AGED 52 YEARS,
PROPRIETOR, BISMILLAH TRADERS, VANCHIYOOR P.O.
VIA ALAMCODE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.J.JAYAKUMAR
RESPONDENT(S):
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1. UNION BANK OF INDIA,
REGIONAL OFFICE, THIRUVANANTHAPURAM,
REPRESENTED BY ITS AUTHORIZED OFFICER.
2. THE BRANCH MANAGER,
UNION BANK OF INDIA, ATTINGAL BRANCH,
THIRUVANANTHAPURAM DISTRICT.
BY SRI.A.S.P.KURUP, SC, UBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-04-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 9467 of 2014 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1: TRUE COPY OF THE DEMAND PROMISSORY NOTE DATED 30/6/2006.
EXT.P2: TRUE COPY OF THE SAID WRITTEN STATEMENT DATED 19/11/2012
FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL
IN O.A NO.263/2012.
EXT.P3: TRUE COPY OF THE M.C NO.210/2014 FILED BY THE 1ST
RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM.
EXT.P4: TRUE COPY OF THE PETITION DATED 13/2/2014 FILED BY THE
RESPONDENTS ALONG WITH MC NO.210/2014 FILED BEFORE THE
CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHPAURAM.
EXT.P5: TRUE COPY OF THE ORDER DTED 13/2/2014 IN M.C NO.210/2014 OF
CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
EXT.P6: TRUE COPY OF THE NOTICE DATED 17/3/2014 ISSUED BY THE
ADVOCATE COMMISSIONER.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON J.
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W.P.(C) No. 9467 of 2014
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Dated, this the 8th day of April, 2014
JUDGMENT
The petitioner availed two cash credit facilities of Rs. 7,00,000/- and Rs. 10,00,000/- from the respondent Bank on 11.08.2005 and 30.062006. Because of some adverse circumstances, the repayment could not be effected on time, as scheduled, which made the petitioner a defaulter, when the Bank proceeded with further steps invoking the machinery under the SARFAESI Act. The Bank sought to file O.A. 263 of 2012 before the Debt Recovery Tribunal for recovery of the due amount. This made the petitioner to approach this Court by filing the present Writ Petition.
2. The learned counsel for the petitioner submits that the default was never wilful, but because of some frustrating pecuniary circumstances. It is stated that the petitioner does not intend to dispute the liability, simultaneously pointing out that, there is absolutely no challenge whatsoever with regard to the rights and liberties of the Bank to proceed with steps under the SARFAESI Act. The only prayer now pressed before this Court is to grant some W.P.(C) No. 9467 of 2014 : 2 : breathing time to clear the entire liability by way of reasonable installments.
3. Heard the learned standing counsel for the respondent Bank as well, who points out that outstanding liability as on date is about Rs.26 lakhs.
4. After hearing both the sides, the petitioner is directed to clear the entire outstanding liability in respect of the loan by way of 'ten' equal monthly installments; the first of which shall be effected on or before the 25th of April, 2014; followed by similar installments to be effected on or before the 25th of the succeeding months. Subject to this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that, if the petitioner commits any default in remitting the installments as above, the respondent Bank will be at liberty to proceed with further steps for realization of the entire amount in lump, from the stage where it stands now.
The Writ Petition is disposed of.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd