High Court Kerala High Court

Lalitha Mohan vs The Authorised Officer (The Chief on 31 May, 2010

Kerala High Court
Lalitha Mohan vs The Authorised Officer (The Chief on 31 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16715 of 2010(L)


1. LALITHA MOHAN, W/O.C.MOHANDAS,
                      ...  Petitioner

                        Vs



1. THE AUTHORISED OFFICER (THE CHIEF
                       ...       Respondent

                For Petitioner  :SRI.A.B.MOHANAKUMAR

                For Respondent  : No Appearance

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

 Dated :31/05/2010

 O R D E R
                 P.R.RAMACHANDRA MENON, J
                   --------------------------------------------
                    WP(C) NO. 16715 OF 2010
                   --------------------------------------------
              Dated this the 31st day of May, 2010

                               JUDGMENT

The petitioner is aggrieved of the coercive steps taken by the

respondent, particularly causing Ext.P4 order to be issued by the

concerned Chief Judicial Magistrate, Thiruvananthapuram in an

application by the Bank under Section 14 of the SARFAESI Act, whereby

the possession of the building and premises is ordered to be taken over by

appointing an Advocate Commissioner in this regard.

2. The case of the petitioner is that the petitioner had availed a

loan of Rs.5,00,000/- from the respondent Bank in the year 2006, which

however could not be repaid on time, by way of regular instalments as

scheduled. When the Bank proceed with steps under the SARFAESI Act,

the petitioner was compelled to approach this Court earlier by filing WP(C)

25339/2009 for enabling the petitioner to clear the liability towards the

overdue amount, in respect of the defaulted instalments and to have the

loan account regularised, which led to Ext.P1 judgment. Pursuant to

Ext.P1 verdict, the petitioner effected various payments as borne by

Ext.P2 receipts and the respondent Bank furnished Ext.P3 statement as

ordered by this Court. The learned counsel for the petitioner submits that

there is absolutely no rhyme or reason for proceeding with further steps

2
WP(C) No. 16715/2010

against the petitioner and that the entire outstanding liability, which is

nearly Rs.3,80,500/- as revealed from Ext.P3, will be cleared within no

time. It is pointed out that the petitioner does not intend to challenge the

sustainability of steps taken by the Bank either by approaching the DRT

under Section 17 of the Act or otherwise and the only relief now pressed

before this Court is to permit the petitioner to clear the outstanding liability

by way of three equal monthly instalments.

3. Heard the learned standing counsel for the Bank as well, who

brought to the notice of this Court that a cheque was already issued by the

petitioner in respect of some defaulted instalments, which however was

returned dishonoured for want of sufficiency of funds and this has been

taken note of in Ext.P4 by the learned Magistrate. However, the contention

of the petitioner is that the petitioner does not want to have the loan

account regularised any further and that the prayer is only to give some

breathing time to wipe off the entire liability under the loan transaction.

4. In the above circumstances, particularly with regard to the

limited nature of the prayer, to permit the petitioner to clear the liability in a

phased manner, the petitioner is directed to clear the outstanding liability

by way of ‘three’ equal monthly instalments, the first of which shall be

effected on or before the 30th of June, 2010; to be followed by similar

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

3
WP(C) No. 16715/2010

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 liability as above, the

respondent will be at liberty to proceed with further steps for realisation of

the entire amount in a lump sum, by pursuing such steps from the stage

where it stands now. It is also made clear that the petitioner will not be

entitled to get further enlargement of time under any circumstance.

The Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON
JUDGE
dnc