High Court Kerala High Court

M.C. Mohanan vs Canara Bank on 9 June, 2010

Kerala High Court
M.C. Mohanan vs Canara Bank on 9 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16289 of 2010(I)


1. M.C. MOHANAN, S/O. LATE CHELLAPPAN,
                      ...  Petitioner

                        Vs



1. CANARA BANK, BANK ROAD BRANCH,
                       ...       Respondent

2. SMT. CHANDRAMATHI,

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :09/06/2010

 O R D E R
                 P.R.RAMACHANDRA MENON, J
                    --------------------------------------------
                    WP(C) NO. 16289 OF 2010
                    --------------------------------------------
              Dated this the 9th day of June, 2010

                                JUDGMENT

The petitioner stood as a guarantor to the loan availed by the 2nd

respondent from the 1st respondent creating security interest over the

property in question but since the repayment was not effected on time, the

Bank declared the account as ‘NPA’ and proceeded with steps under the

SARFAESI Act, which forms the subject matter of challenge in this Writ

Petition.

2. The learned counsel for the petitioner submits that, the

petitioner has approached the Bank seeking for the benefit of ‘OTS’ or to

enable the petitioner to clear the entire amount by way of reasonable

instalments. The learned counsel for the Bank submits on instructions that

the total outstanding liability in respect of loan transaction is about 6.85

lakhs and that the Bank is ready and willing to settle the payment by ‘OTS’

amount of Rs.6.4 lakhs.

3. After considering the facts and circumstances, this Court finds

it fit and proper to permit the petitioner to clear the entire liability in a

phased manner. Accordingly, the petitioner is permitted to clear the entire

loan account by way of ‘six’ equal monthly instalments, the first of which

shall be effected on or before the 30th of this month, to be followed by

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WP(C) No. 16289/2010

similar instalments to be effected on or before the 30th of the succeeding

months. Subject to this, the recovery proceedings stated as being pursued

against the petitioner shall be kept in abeyance. It is also made clear that, if

any default is committed by the petitioner in satisfying the overdue amount

as above, the respondent Bank will be at liberty to proceed with further

steps for realisation of the entire amount in a lump sum, by pursuing such

exercise from the stage where it stands now. The petitioner is also at liberty

to approach the Bank for availing the benefit of settlement as submitted

before this Court by remitting a total sum of Rs.6.2 lakhs in a lump sum.

The Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON
JUDGE
dnc