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A.P.Bastin vs State Bank Of India on 8 June, 2009

Kerala High Court
A.P.Bastin vs State Bank Of India on 8 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15520 of 2009(H)


1. A.P.BASTIN, AGED 53 YEARS,
                      ...  Petitioner
2. BERYL BASTIN, AGED 53 YEARS,

                        Vs



1. STATE BANK OF INDIA,
                       ...       Respondent

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  : No Appearance

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

 Dated :08/06/2009

 O R D E R
                   P.R. RAMACHANDRA MENON J.
                     ~~~~~~~~~~~~~~~~~~~~~~~
                     W.P. (C) No. 15520 of 2009
                     ~~~~~~~~~~~~~~~~~~~~~~~
                 Dated, this the 8th day of June, 2009

                               JUDGMENT

The petitioner is challenging the coercive steps stated as being

pursued by the respondent Bank, under the relevant provisions of

SARFAESI Act, when petitioner turned to be a defaulter and the assets

have been declared as NPA. The only case of the petitioner is that, he

has already been given the benefit of Agricultural Debt Relief Scheme

as borne by Ext.P1, whereby he was required to clear the liability

towards the arrears as on date by way of three installments as

specified.

2. Learned counsel for the petitioner submits that the petitioner

had taken earnest efforts to avail the said benefit remitting some

amount towards the installments and that the entire liability will be

wiped off before 30.6.2009.

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

submits that, right from the beginning, the petitioner was a defaulter

and that he deserves no sympathy at all. However, considering the

submission made by learned counsel for the petitioner as genuine and

bona fide, this Court finds it fit and proper to provide a final opportunity

to the petitioner to wipe off the entire liability on or before 30.6.2009, as

now put forth from the part of the petitioner.

WP (C) No. 15520 of 2009
: 2 :

4. In the said circumstances, the Writ Petition is disposed of,

directing the petitioner to clear the entire outstanding arrears with

interest on or before 30.6.2009, so as to enable the Bank to provide the

eligible benefit under the Scheme. It is also made clear that the

petitioner will not be entitled to get any further extension of time.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON, JUDGE

kmd

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