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Hameedkutty Nissm vs State Bank Of Travancore on 18 September, 2008

Kerala High Court
Hameedkutty Nissm vs State Bank Of Travancore on 18 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27457 of 2008(R)


1. HAMEEDKUTTY NISSM, KUTTIYIL VILA
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

                For Petitioner  :SRI.P.B.SAHASRANAMAN

                For Respondent  :SRI.M.PATHROSE MATTHAI (SR.)

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :18/09/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                   W.P(C).No.27457 OF 2008
                  -------------------------------------------
           Dated this the 18th day of September, 2008


                              JUDGMENT

The petitioner availed a housing loan of Rs.7.5 lakhs. That

was released to him on 7.1.2006. The monthly repayment was to

be at the rate of about Rs.8,000/- to Rs.8,500/-. He paid just five

instalments and thereafter defaulted repayment. The Bank

initiated action under the SARFAESI Act. Those proceedings

were not challenged before the Debt Recovery Tribunal under

the relevant provision. All that the petitioner did was to file a

writ petition challenging the jurisdiction of the Chief Judicial

Magistrate, when a bunch of matters raising that question was

before the Division Bench. I have perused the paper book of that

writ petition No.16691/08. Even at that point of time, no other

grounds were raised, except on the question of jurisdiction of the

Chief Judicial Magistrate. That writ petition found its waterloo

along with the bunch matters. Thereafter, the petitioner filed

this writ petition stating that he is prepared to pay the entire

amounts in instalments and that the dispossession would result

WPC.27457/08

Page numbers

in the family being deprived of residence and hence, it would

amount to violation of human rights.

2. Learned counsel for the Bank, on instructions, states that

the construction of the building was not even completed and

apparently, the funds were diverted and misused for purposes

other than for which the amount was extended. The rate of

interest applicable on the housing loan appears to be around

11% and commercial loan would carry a higher rate of interest.

It is also stated that after the Commissioner deputed from the

Magistrate’s court visited the premises, the petitioner has

undertaken to pay an amount of Rupees Five Lakhs on or before

20.9.2008 and the remaining amounts within a short period.

Learned counsel for the Bank also submitted that the petitioner

and his father are employed abroad and there is no reason to

have any compassionate approach in the case in hand. The

impugned action is in accordance with law and cannot be faulted

on any jurisdictional ground or legal infirmity. The same

therefore stands.

WPC.27457/08

Page numbers

Hence, it is directed that if the petitioner remits an amount

of Rupees Five Lakhs on or before 20.9.2008, the Bank will give

him 45 days’ time to pay off the remaining amounts. The writ

petition is ordered accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.

// True copy //

P.A.to Judge.

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