High Court Kerala High Court

A.Abdul Rasheed vs Union Of India on 13 July, 2009

Kerala High Court
A.Abdul Rasheed vs Union Of India on 13 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18996 of 2009(T)


1. A.ABDUL RASHEED, S/O.K.ABDUL SHUKKOOR,
                      ...  Petitioner
2. NOORJAHAN, W/O.ABDUL RASHEED,

                        Vs



1. UNION OF INDIA,
                       ...       Respondent

2. THE AUTHORISED OFFICER & CHIEF MANAGER,

3. UNION BANK OF INDIA,

                For Petitioner  :SRI.M.RAMASWAMY PILLAI

                For Respondent  : No Appearance

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

 Dated :13/07/2009

 O R D E R
                  P.R. RAMACHANDRA MENON J.
                     ~~~~~~~~~~~~~~~~~~~~~~~
                       W.P. (C) No. 18996 of 2009
                     ~~~~~~~~~~~~~~~~~~~~~~~
                 Dated, this the 13th day of July, 2009

                                JUDGMENT

The petitioners, in connection with the business, had availed a

cash credit facility of Rs. 89 lakhs. Subsequently the business was

collapsed and despite all the adverse circumstances, the petitioners

managed to sell some or other properties and accordingly a sum of

Rs.71 lakhs was paid as per the accounts till the last year.

2. The learned counsel for the respondent Bank submits that, as

on date, a sum of more than Rs. 28 lakhs is due, with further interest

and cost.

3. The learned counsel appearing for the petitioner submits that,

the petitioners have made alternate arrangements to find out

prospective purchasers to the property in question and once the

purchaser turns up, the amount to be procured by virtue of the sale of

the property could be remitted to the Bank so as to clear the entire

outstanding liability. The limited prayer now made before this Court is to

provide some breathing time to the petitioner to complete the steps

being taken in this regard.

4. The learned counsel for the respondent Bank vehementally

opposed the prayers sought for, asserting that, the attitude and

approach of the petitioner have not been trustworthy so far. Though the

petitioners have remitted a portion of the loan amount, the

WP (C) No. 18996 of 2009
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arrangements stated as made to have the property disposed of for

generating the funds is stated as doubted.

5. Any how, considering the facts and circumstances, particularly

the submission made by the counsel for the petitioners that, a total sum

of Rs.71 lakhs has already been remitted to the Bank and the limited

time required for clearing the said liability is six months, the petitioners

are permitted to clear the entire liability within a total span of six

months. Out the entire liability, the petitioners have to effect the

payment of Rs.5 lakhs within six weeks and the balance amount shall

be cleared by way of four regular monthly installments to be effected on

or before the 15th of every month commencing from September 2009

onwards, if the sale is not materialized in the meantime. Till such time,

the coercive proceedings stated as being taken against the petitioners

under the relevant provisions of SARFAESI Act, shall be kept in

abeyance. It is also made clear that, if the petitioners commit any

default in effecting the payment as above, the respondent Bank will be

at liberty to proceed with the steps for realization of the entire amount in

lump sum. This will be without prejudice to the right of the petitioners to

approach the respondent Bank for availing the benefit of OTS or other

concessions, if any, to be decided at the hands of the Bank.

The Writ Petition is disposed of as above.

P. R. RAMACHANDRA MENON, JUDGE

kmd