High Court Kerala High Court

Anil P Augustine vs State Bank Of Travancore on 12 October, 2009

Kerala High Court
Anil P Augustine vs State Bank Of Travancore on 12 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26272 of 2009(D)


1. ANIL P AUGUSTINE, S/O.AUGUSTINE,
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. T & V TRADERS, VITHAYATHIL BUILDING,

3. TONY THOMAS, S/O.V.V.THOMAS,

4. SUNNY T.S., S/O.T.P.SEBASTIAN,

5. RECOVERY OFFICER,

                For Petitioner  :SRI.K.M.KURIAN

                For Respondent  :SRI.SATHISH NINAN

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :12/10/2009

 O R D E R
                       C.K.ABDUL REHIM,J.
             --------------------------------------------
                    WP(C).No. 26272 of 2009
            ---------------------------------------------
         Dated this the 12th       day of October, 2009.

                            JUDGMENT

Petitioner is the guarantor for a credit facility availed by the

2nd respondent firm from the first respondent Bank. Immovable

property belonging to the petitioner was mortgaged as security

for the loan transaction. Since the borrowers had defaulted

repayment, the first respondent Bank filed OA.No.265/2007

before the Debt Recovery Tribunal. Ext.P2 is the order issued by

the Tribunal permitting the Bank to realise a sum of

Rs.15,99,504/- along with interest at 12.5% p.a. from

16.10.2006 onwards till the date of the order and thereafter with

future interest @ 12% till realisation. Now the 5th respondent

Recovery Officer had initiated steps for execution and property

belonging to the petitioner is proclaimed for sale, as evidenced

by Ext.P3.

2. According to the petitioner, the borrowers have paid an

amount of Rs.8.5 lakhs towards the loan account pursuant to

Ext.P2 order. It is further stated that the 4th respondent who is

WPC.26272/2009 2

one among the borrowers had filed a petition as

I.A.No.217/2008 before the DRT to enable him to pay the debt

amount in instalments. Under such circumstances the petitioner

is seeking directions against the proceedings of sale of immovable

properties proposed, till the DRT takes a final decision on the

above said IA.

3. This court by virtue of an interim order dated 17.9.2009

had stayed the proposed sale scheduled as per Ext.P3, on

condition of the petitioner depositing an amount of Rs.3 lakhs. It

is reported that the amount has already been deposited before

the DRT.

4. Heard learned Standing Counsel appearing for the first

respondent Bank. It is pointed out that the balance outstanding

as on 3.8.2009 was Rs.12,62,700.56. After crediting the amount

of Rs.3 lakhs now paid, the balance will come around Rs.10 lakhs.

It is also stated that I.A.No.217/2008 filed by the 4th respondent

before the Tribunal stands already dismissed. It is also

contended that the 4th respondent had in fact approached this

court and this court was pleased to grant time for payment,

inspite no amount was paid by the borrowers.

WPC.26272/2009 3

5. Having confronted with the above situation, learned

counsel appearing for the petitioner submitted that considerable

amounts has already been paid, and the petitioner is ready and

willing to pay off the balance outstanding, provided permission is

granted to pay off the same in instalments within a reasonable

time.

6. After hearing contentions on both sides and on

considering facts and circumstances of the case, I am of the

opinion that some indulgence can be shown in the matter in

permitting the petitioner to pay off the entire balance in

instalments.

7. Accordingly, the writ petition is disposed of directing the

petitioner to make payment of the balance amount due under

Ext.P2 order of the DRT in 4 equal monthly instalments starting

from 30.11.2009 and on or before the last day of the succeeding

months. It is made clear that the amount of Rs.3 lakhs already

deposited by the petitioner before the DRT shall be released to

the first respondent Bank. The payment as directed above shall

be effected by the petitioner directly to the first respondent Bank

and proof in this regard shall be produced before the 5th

WPC.26272/2009 4

respondent Recovery Officer. The 5th respondent is directed to

keep in abeyance further proceedings pursuant to Ext.P3 notice .

8. It is made clear that on the event of default in payment

of any of the instalments the 5th respondent will be free to

proceed with further steps for sale, pursuant to Ext.P3 notice, and

on such event the petitioner will be precluded from raising any

further challenge against the proceedings either before this court

or before any other forum.





                                      C.K.ABDUL REHIM, JUDGE

Pmn/

WPC.26272/2009    5