High Court Kerala High Court

Kolikkal Granite Industries vs The Branch Manager on 22 March, 2010

Kerala High Court
Kolikkal Granite Industries vs The Branch Manager on 22 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 328 of 2010()


1. KOLIKKAL GRANITE INDUSTRIES,
                      ...  Petitioner

                        Vs



1. THE BRANCH MANAGER,
                       ...       Respondent

2. AUTHORIZED OFFICER,

3. THE DEPUTY GENERAL MANAGER,

                For Petitioner  :SRI.T.V.GEORGE

                For Respondent  :SRI.V.B.HARI NARAYANAN

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMAN

 Dated :22/03/2010

 O R D E R
                J.Chelameswar, C.J. & P.R.Raman, J.
                  ------------------------------------------
                        W.A. No.328 of 2010
                  ------------------------------------------
               Dated this the 22nd      day of March, 2010

                             JUDGMENT

J.Chelameswar, C.J.

This is an appeal by the partially successful petitioner in

W.P.(C) No.30356 of 2009, aggrieved by the judgment dated 18th

February, 2010, insofar as it went against him.

2. Briefly stated, the appellant borrowed certain amount

from the first respondent Bank for the purpose of the business being

carried on by the appellant. On the ground that the appellant

defaulted in repayment of the borrowed amount, proceedings were

initiated against the appellant under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002. Aggrieved by the same, the appellant

approached this Court by the abovementioned writ petition.

3. By the judgment under appeal, the learned Judge

disposed of the writ petition directing the appellant to pay the entire

amount demanded by the respondents, i.e. an amount of Rs.42.19

W.A.No.328 of 2010

– 2 –

lakhs, in instalments. The relevant portion of the judgment

under appeal reads as follows:

“However, considering the entire aspects involved, this

Court find it fit and proper that the loan amount could

be settled on payment of Rs.42.19 lakhs in full and

final settlement of the loan accounts. The petitioner is

directed to pay a sum of Rs.10 lakhs within one month

from the date of receipt of a copy of this judgment and

the balance amount shall be cleared by way of ‘four’

equal monthly instalments, the first of which shall be

effected on or before 15.4.2010, to be followed by the

subsequent instalments to be effected on or before the

15th of the succeeding months.”

4. The entire dispute, both in the writ petition and in

this writ appeal, is regarding the actual amount of money that is

due and outstanding from the appellant. While the respondents

claim an amount of Rs.42.19 lakhs as outstanding from the

appellant, the appellant claims that the amount owed by him is

much low.

5. The forum under Article 226 of the Constitution

of India is not the suitable forum for adjudicating such a dispute

which involves determination of facts. In the circumstances, we

W.A.No.328 of 2010

– 3 –

do not see any reason to interfere with the judgment under

appeal.

The writ appeal is dismissed at the admission stage.

It is open to the appellant to avail such other alternative

remedies which are available to him under law.

J.Chelameswar,
Chief Justice

P.R.Raman,
Judge

vns