IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30294 of 2008(F)
1. P.P.ABDU, S/O.UNNEEN HAJI,
... Petitioner
Vs
1. THE MALAPPURAM DISTRICT
... Respondent
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
For Petitioner :SRI.SAJU.S.A
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :16/10/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.30294 of 2008-F
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Dated this the 16th day of October, 2008.
JUDGMENT
1.Adv.Smt.P.Vijayamma takes notice for the first
respondent.
2.The petitioner availed a loan from the first
respondent. According to him, he could not run
the brick manufacturing unit even for a day
utilizing that loan. This is no excuse for the
petitioner when he is called upon to repay the
amounts due under the loan transaction. It
appears that he had approached this Court earlier
also and ultimately suffered an arbitration award
which was carried to the Co-operative Tribunal.
Even then, amounts were not paid. Ultimately, the
bank was forced to take action under the SARFAESI
Act and has issued dispossession notice under
WP(C)30294/08 -: 2 :-
Section 13(4). In spite of the fact that there is
no jurisdictional error or legal infirmity in the
impugned proceedings, the learned senior counsel
for the petitioner submitted that the petitioner
gives up all contentions, including the right to
move statutory Tribunals or other authorities
against the impugned proceedings and prays that
he may be granted an opportunity to wipe off the
outstandings and that having regard to the
totality of the facts and circumstances, the bank
may be directed to grant a reduction in the total
outstandings.
Having regard to the facts and circumstances,
this writ petition is ordered, repelling all
other contentions, however directing that if the
petitioner remits an amount of Rs.7 lakhs within
one month and continues to remit at the rate of
Rs.3 lakhs per month payable on or before the 15th
of every month commencing from December, 2008,
the impugned distress action will be held back.
On deposit of four instalments, the first
WP(C)30294/08 -: 3 :-
respondent will consider any request of the
petitioner for reduction in the total
outstandings and if such request is acceded to
any extent, that shall be given effect to while
receiving last two instalments. The time fixed
above shall be treated as peremptory and shall
not be extended. If there is default in
remitting any of the instalments as aforesaid,
the benefits of this judgment will be recalled
and the writ petition will be dismissed
automatically enabling the first respondent to
forthwith proceed with further distress action
without fresh notice to the petitioner.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/201008