IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 328 of 2010()
1. KOLIKKAL GRANITE INDUSTRIES,
... Petitioner
Vs
1. THE BRANCH MANAGER,
... Respondent
2. AUTHORIZED OFFICER,
3. THE DEPUTY GENERAL MANAGER,
For Petitioner :SRI.T.V.GEORGE
For Respondent :SRI.V.B.HARI NARAYANAN
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMAN
Dated :22/03/2010
O R D E R
J.Chelameswar, C.J. & P.R.Raman, J.
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W.A. No.328 of 2010
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Dated this the 22nd day of March, 2010
JUDGMENT
J.Chelameswar, C.J.
This is an appeal by the partially successful petitioner in
W.P.(C) No.30356 of 2009, aggrieved by the judgment dated 18th
February, 2010, insofar as it went against him.
2. Briefly stated, the appellant borrowed certain amount
from the first respondent Bank for the purpose of the business being
carried on by the appellant. On the ground that the appellant
defaulted in repayment of the borrowed amount, proceedings were
initiated against the appellant under the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002. Aggrieved by the same, the appellant
approached this Court by the abovementioned writ petition.
3. By the judgment under appeal, the learned Judge
disposed of the writ petition directing the appellant to pay the entire
amount demanded by the respondents, i.e. an amount of Rs.42.19
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lakhs, in instalments. The relevant portion of the judgment
under appeal reads as follows:
“However, considering the entire aspects involved, this
Court find it fit and proper that the loan amount could
be settled on payment of Rs.42.19 lakhs in full and
final settlement of the loan accounts. The petitioner is
directed to pay a sum of Rs.10 lakhs within one month
from the date of receipt of a copy of this judgment and
the balance amount shall be cleared by way of ‘four’
equal monthly instalments, the first of which shall be
effected on or before 15.4.2010, to be followed by the
subsequent instalments to be effected on or before the
15th of the succeeding months.”
4. The entire dispute, both in the writ petition and in
this writ appeal, is regarding the actual amount of money that is
due and outstanding from the appellant. While the respondents
claim an amount of Rs.42.19 lakhs as outstanding from the
appellant, the appellant claims that the amount owed by him is
much low.
5. The forum under Article 226 of the Constitution
of India is not the suitable forum for adjudicating such a dispute
which involves determination of facts. In the circumstances, we
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do not see any reason to interfere with the judgment under
appeal.
The writ appeal is dismissed at the admission stage.
It is open to the appellant to avail such other alternative
remedies which are available to him under law.
J.Chelameswar,
Chief Justice
P.R.Raman,
Judge
vns