High Court Kerala High Court

Boby Jacob vs M/S.Canara Bank on 24 February, 2010

Kerala High Court
Boby Jacob vs M/S.Canara Bank on 24 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3913 of 2010(L)


1. BOBY JACOB, AGED 36,
                      ...  Petitioner

                        Vs



1. M/S.CANARA BANK, TEMPLE ROAD BRANCH,
                       ...       Respondent

2. AUTHORISED OFFICER,

                For Petitioner  :SMT.K.V.SHENU

                For Respondent  :SRI.N.D.PREMACHANDRAN

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

 Dated :24/02/2010

 O R D E R
                   P.R.Ramachandra Menon, J.
                ------------------------------------------
                    W.P.(C) No.3913 of 2010
                ------------------------------------------
            Dated this the 24th    day of February, 2010

                           JUDGMENT

The petitioner is before this Court challenging the

steps taken by the respondents invoking the provisions of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002.

2. It is brought to light on the part of the petitioner

himself that the petitioner had earlier approached this Court by

filing W.P.(C) No.21053 of 2009 which culminated in Ext.P3

judgment whereby the petitioner was permitted to clear the entire

outstanding liability by eight monthly instalments, the first of

which of Rs.10,00,000/- was to be effected on or before 31st

August, 2009 to be followed by six similar instalments to be

effected on or before 30th of the succeeding months, making it

clear that the last instalment will constitute only such amount

WPC(No)3913 of 2010
2

required to top up the figure, to clear the outstanding liability. It

is the case of the petitioner that even though some payments

were effected by the petitioner pursuant to Ext.P3 judgment, the

respondent Bank has furnished Ext.P4 statement of account in

response to the requisition made by the petitioner in this regard,

which however is not correct or proper, according to the

petitioner. It is stated that the petitioner has already remitted a

sum of Rs.25 lakhs as borne out by Ext.P5 receipt dated

1.2.2010. In short, accuracy of the facts and figures as to the

outstanding liability forms the pivotal point of dispute in the

present writ petition.

3. The respondents have filed a statement projecting

the actual facts and figures and also the liability as on 1.1.2010.

The learned Standing Counsel for the first respondent Bank also

submits that the amount of Rs.25 lakhs paid by the petitioner as

per Ext.P5 receipt on 1.2.2010 has also been given due credit to

and the outstanding amount is Rs.26,51,199/- with future

WPC(No)3913 of 2010
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interest from 1.1.2010.

4. Going by the facts and figures, it cannot be a

matter of dispute, that the matter has attained finality by virtue

of Ext.P3 judgment. Petitioner is bound to honour the

commitment, particularly in view of the benefit already

extended to him by way of interference as per Ext.P3. There is

absolutely no merit or bona fides in the present writ petition.

No interference is called for.

Writ petition is accordingly dismissed. It is made

clear that if any amount paid by the petitioner is not

appropriately accounted or if there is any error or omission with

regard to the calculations, the same shall be looked into and

necessary corrections shall be effected by the respondents.

P.R.Ramachandra Menon,
Judge

vns