High Court Kerala High Court

Ramani Gopalan vs The Authorised Officer Under The on 8 September, 2009

Kerala High Court
Ramani Gopalan vs The Authorised Officer Under The on 8 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23894 of 2009(F)


1. RAMANI GOPALAN, W/O. GOPALAN,
                      ...  Petitioner

                        Vs



1. THE AUTHORISED OFFICER UNDER THE
                       ...       Respondent

2. ERNAKULAM DISTRICT CO-OPERATIVE

3. BRANCH MANAGER, ERNAKULAM DISTRICT

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :SRI.P.V.SURENDRANATH, S.C.

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :08/09/2009

 O R D E R
                    C.K.ABDUL REHIM, J.

                    ------------------------------
                  W.P.(C).No.23894 OF 2009
                    ------------------------------

          Dated this the 8th day of September, 2009


                        J U D G M E N T

———————-

1. Petitioner had availed a loan from the 2nd respondent

Bank to the tune of Rs.14,50,000/- for establishing a printing

press. Repayment of the loan was defaulted after payment of

some of the installments, allegedly due to loss suffered in the

business. The 2nd respondent Bank issued Ext.P1 demand notice

requesting to pay the entire arrears amounting to Rs.23,79,095/-.

Through Exts.P2 and P3, the petitioner had requested the Bank

to consider settlement under the ‘One time settlement Scheme’

and also requested to drop all further coercive steps facilitating

the petitioner to pay off the liability within a reasonable period.

It is evident from Ext.P4 that the Bank had initiated proceedings

under the provisions of the SARFAESI Act and symbolic

possession of the property mortgaged for securing the loan had

already been taken over under Section 13(4) of the said Act. On

receipt of Ext.P4 the petitioner further submitted Ext.P5 seeking

time for payment of the balance amount.

2. Heard the learned counsel for petitioner and Standing

Counsel appearing for the respondent Bank. It is submitted that

W.P.(C).23894/09-F 2

the arrears due in the loan account as on 24.8.2009 is

Rs.38,36,628/- along with future interest. It is further submitted

that eventhough there is no existing scheme for One time

settlement, the matter can be considered for settlement, on

allowing possible waiver of interest, provided the petitioner

makes a considerable payment immediately. Having considered

the entire facts and circumstances of the case I am inclined to

direct consideration of settlement of the arrears, on condition of

the petitioner making a substantial payment.

3. Accordingly the writ petition is disposed of directing

the petitioner to make payment of an amount of Rs.7 lakhs on or

before 15.10.2009, and to submit a representation to the 2nd

respondent Bank seeking settlement of the balance on allowing

waiver of interest to the extent possible. The respondent Bank

shall thereupon take a final decision in the matter permitting

waiver of interest to the allowable extent and providing

reasonable installment facility for payment of the balance

amount. The decision taken in this regard shall be

communicated to the petitioner providing reasonable time for

effecting payment of such installments. All further proceedings

pursuant to Ext.P4 notice shall be kept in abeyance till such

decision is taken by the Bank. It is made clear that on failure to

make payment of the amount as stipulated above, or on payment

W.P.(C).23894/09-F 3

of any further installments allowed by the Bank, the Bank will be

at liberty to take all further proceedings permissible under law

for realising the arrears.

C.K.ABDUL REHIM, JUDGE.

okb