High Court Kerala High Court

M/S.Unison International vs The Senior Manager on 1 March, 2010

Kerala High Court
M/S.Unison International vs The Senior Manager on 1 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1793 of 2010(Y)


1. M/S.UNISON INTERNATIONAL
                      ...  Petitioner
2. M/S.PARKSON ESTATES AND INDUSTRIES
3. VARGHESE P.MATHEW
4. SMT. NEENA ELEIZABETH VARGHESE
5. JOSE P.MATHEW, S/O. P.V.MATHEW

                        Vs



1. THE SENIOR MANAGER
                       ...       Respondent

2. THE ASSISTANT GENERAL MANAGER

3. THE AUTHORISED OFFICER

4. THE CHIEF MANAGER

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  :SRI.GEORGE KARITHANAM VARGHESE

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

 Dated :01/03/2010

 O R D E R
                    P.R. RAMACHANDRA MENON, J.
              ..............................................................................
                       W.P.(C) No. 1793 OF 2010
               .........................................................................
                        Dated this the 1st March, 2010



                                    J U D G M E N T

The petitioner had approached this Court earlier challenging

the coercive steps taken by the respondent Bank invoking the

machinery under the SARFAESI Act by filing W.P.(C)No.32558 of

2009, which culminated in Ext.P18 judgment. As per Ext. P18, the

petitioner was directed to deposit a sum of Rs.20 lakhs towards a

portion of the outstanding liability, with liberty to the petitioner to

approach the Bank for extending some or other concessions as sought

for in the representations marked as Exts. P14 and P15 therein. The

respondent Bank was also directed to consider waiver of the amounts

to the possible extent and to intimate the petitioner about the

decision taken on such requests, also adding that the petitioner shall

be provided with a reasonable time for payment of the due amount,

so arrived in the settlement, if any.

2. Pursuant to Ext. P18 judgment, the matter was considered by

the respondent Bank, who issued Ext.P20, whereby the petitioner has

been directed to satisfy a sum of Rs.138.30 lakhs which is shown as

the outstanding liability, after giving concessions, to be satisfied by

way of ‘three’ installments. The grievance of the petitioner is that the

W.P.(C) No. 1793 OF 2010

2

respondent Bank has not acted in tune with the directions given by

this Court vide Ext.P18 and further that the eligible concessions have

not been extended. It is also stated that the action being pursued by

the Bank is only to harass the petitioner and the entire liability is

sought to be cleared within a period of just three months, submits

the learned Counsel.

3. The learned Counsel or the Bank submits with reference to

the counter affidavit filed by the first respondent that the outstanding

liability actually due from the petitioner is Rs.1,51,58,275.95/- and

after considering the matter in detail, the Bank decided to waive a

total sum of Rs.13,28,275.95/-. It is stated that the entire penal

interest and part of interest have been omitted, besides waiving the

expenses incurred on account of paper publication in respect of both

the loan accounts.

4. After hearing the learned Counsel appearing on either side,

this Court finds that the respondent Bank has substantially complied

with the directions given by this Court vide Ext. P18 and that the

liability has been scaled down to the possible extent as contended

from the part of the Bank. The petitioner, having not disputed the

computation of the figures , is liable to satisfy the said amount.

W.P.(C) No. 1793 OF 2010

3

5. After hearing the persuasive submission made by the learned

Counsel for the petitioner, this Court finds it fit and proper to permit

the petitioner to clear the entire liability by way of ‘six’ installments,

the first of which shall be paid on or before 30.03.2010 to be followed

by similar installments to be effected on or before the 30th of the

succeeding months. Subject to the above, all further recovery

proceedings shall be kept in abeyance. It is made clear that if any

default is made in effecting the installments as above, the respondents

will be at liberty to proceed with further steps to realize the entire

amount in a lump sum, from the stage where it stands now.

The Writ Petition is disposed of as above.

P.R. RAMACHANDRA MENON,
JUDGE.

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