IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15713 of 2010(L)
1. JAYESH V.JOSEPH, AGED 32, S/O.
... Petitioner
Vs
1. THE AUTHORISED OFFICER,
... Respondent
For Petitioner :SRI.A.B.MOHANAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :21/05/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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WP(C) NO. 15713 OF 2010
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Dated this the 21st day of May, 2010
JUDGMENT
The petitioner had availed a loan of Rs.1,00,000/- from the
Kanjiramkulam branch of the Bank in the year 2000 creating security
interest over the property in question, but the liability could not be satisfied
by remitting the due instalments on time; under which circumstance, it is
stated that the Bank is proceeding with further steps under the SARFAESI
Act after declaring the account as NPA; which forms the subject matter of
challenge in the Writ Petition.
2. The learned counsel for the petitioner submits that the
petitioner is a plumber. He lost his job in the Gulf and had to return to
Kerala. It is stated that the petitioner is taking every earnest effort to see
that the entire balance is cleared at the earliest simultaneously; adding
that the default was never willful but because of some unforeseen
circumstances.
3. The learned counsel for the Bank submits that the petitioner is
a chronic defaulter and the outstanding liability was nearly 2.45 lakhs as
on 27.10.2007, as borne by Ext.P2. This by itself shows that the petitioner
was not at all anxious in having the liability cleared on time and that the
alleged loss of employment and return to the home state in 2010 is a not a
ground to challenge the steps taken by the respondent in accordance with
2
WP(C) No. 15713/2010
law.
4. The learned counsel for the petitioner submits that the only
relief now pressed before this Court is that the petitioner may be permitted
to clear the liability by way of reasonable instalments, stating that the
petitioner does not intend to proceed with the challenge against the steps
being taken under SAFAESI Act in this Writ Petition or by resorting to the
statutory remedy by approaching the DRT.
5. In the above circumstance, the petitioner is permitted to clear
the entire outstanding liability by way of `six’ 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, the recovery proceedings stated as
being pursued against the petitioner shall be kept in abeyance. It is made
clear that, if any default is made by the petitioner as above, the respondent
will be at liberty to proceed with further steps for realisation of the entire
amount in a lump sum.
The Writ Petition is disposed of accordingly.
P.R.RAMACHANDRA MENON
JUDGE
dnc