IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15456 of 2010(F)
1. D.VIJAYAKUMAR, S/O. DASAN, AGED 51,
... Petitioner
Vs
1. THE TRIVANDRUM DISTRICT
... Respondent
2. THE AUTHORISED OFFICER,
For Petitioner :SRI.M.RAMASWAMY PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :20/05/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No. 15456 of 2010-F
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Dated this the 20th day of May, 2010.
J U D G M E N T
The petitioner is challenging the steps taken by the
respondent Bank invoking the power and machinery under the
SARFAESI Act, so as to realise the amount stated as due under the
loan transaction. Many a contention has been raised in the Writ
Petition, including that the property is an ‘agricultural land’; by
virtue of which, it is not liable to be proceeded against as exempted
under Section 31(i) of the Act.
2. The learned counsel for the petitioner submits that
default was never wilful, but because of some frustrating pecuniary
circumstances, which made the petitioner to lose his base and hence
is constrained to approach this Court. It is also stated that the
petitioner, neither does intend to press any of the grounds raised in
the Writ Petition, as to the sustainability of the steps taken by the
respondent Bank nor does propose to avail the statutory remedy by
approaching the Debt Recovery Tribunal and that the only prayer
before this Court is to extend maximum leniency, so as to enable
W.P(C) No. 15456 of 2010-F 2
the petitioner to wipe of the entire liability in a phased manner.
3. Heard the learned counsel for the Bank as well, who
submits on instructions, that as on date, a total sum of nearly
Rs.3.35 lakhs is due from the petitioner.
4. Considering the particular facts and circumstances as
above, the petitioner is permitted to clear the liability by way of ‘ten’
equal monthly instalments; the first of which shall be effected on or
before the 15th of June, 2010; to be followed by similar instalments
to be effected on or before the 15th of the succeeding months.
Subject to this, all further coercive steps being pursued against the
petitioner shall be kept in abeyance. It is made clear that, if any
default is committed in satisfying the due amount as above, it is
open to the respondents, to proceed with appropriate steps in
accordance with law, for realisation of the entire amount in a lump
sum, from the stage where it stands now.
The Writ Petition is disposed of.
P.R.RAMACHANDRA MENON
JUDGE
ab
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