High Court Kerala High Court

Aboobacker.P.A vs The General Manager on 23 November, 2010

Kerala High Court
Aboobacker.P.A vs The General Manager on 23 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33330 of 2010(M)


1. ABOOBACKER.P.A, S/O.ABDUL RAHIMAN,
                      ...  Petitioner

                        Vs



1. THE GENERAL MANAGER,NORTH MALABAR
                       ...       Respondent

2. THE AUTHORISED OFFICER,NORTH MALABAR

3. NORTH MALABAR GRAMIN BANK,REP.BY

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  :SRI.DEVAN RAMACHANDRAN

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

 Dated :23/11/2010

 O R D E R
                C.K. ABDUL REHIM, J
                -------------------------------
               WP(C) NO. 33330 OF 2010
              -------------------------------------
        Dated this the 23rd day of November, 2010


                        JUDGMENT

Challenge in this Writ Petition is against

proceedings initiated under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (SARFAESI Act). Consequent

to default committed by the petitioner in repayment of

loan availed from the respondent Bank, proceedings were

initiated against the immovable property, which is the

secured asset. Ext.P2 is the demand notice issued under

Section 13 (2). Complaint of the petitioner is that,

eventhough the petitioner had submitted Ext.P3

representation subsequent to receipt of demand under

Section 13 (2), the respondent Bank is proceeding with

coercive steps without considering such representation.

It is now brought to my notice that through Ext.P5 letter

the Bank had given a reply to the petitioner. The

requests made by the petitioner was not accepted and the

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petitioner was intimated that if he is not discharging the

liability within a period of 60 days, further steps will be

pursued.

2. Considering the scheme of the statute, the

petitioner has got an effective alternate remedy against

further proceedings if any taken, on the basis of Ext.P5.

Therefore it is not proper for this Court to entertain this

Writ Petition and to grant any order restraining further

proceedings of the Bank, especially in view of the dictum

laid by the Hon’ble Supreme Court in United Bank of

India Vs. Satyavati Tondon and others [2020 (8) SCC

110].

3. Having confronted with the above situation,

learned counsel for the petitioner submitted that the

petitioner is relinquishing all challenges against the

proceedings and that he is not intending to pursue any of

the statutory remedies. On the other hand, the limited

prayer is to permit the petitioner to remit the entire liability

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within a reasonable time, in instalments.

4. Having considered the fact that the petitioner is

relinquishing all challenges I am inclined to grant such

relief.

5. Accordingly the Writ Petition is disposed of

directing the respondents to keep in abeyance all further

steps pursuant to Exts.P3 and P5 notices, provided the

petitioner remits the entire balance outstanding along with

interest if any accruing, in 6 (six) equal monthly instalments

falling due on or before 30.01.2011 and on or before the last

day of the succeeding months.

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

payment of any one of the instalments the respondents will

be free to proceed with further steps and on such event the

petitioner is precluded from raising any subsequent

challege.

C.K. ABDUL REHIM
JUDGE
dnc