High Court Kerala High Court

Raveendran S. vs State Bank Of Travancore on 12 January, 2011

Kerala High Court
Raveendran S. vs State Bank Of Travancore on 12 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35018 of 2010(B)


1. RAVEENDRAN S., PRASADAM,
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. THE AUTHORISED OFFICER/CHIEF MANAGER,

3. THE REGIONAL MANAGER,

4. THE BRANCH MANAGER,

                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI

                For Respondent  :SRI.R.S.KALKURA, SC, SBT

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

 Dated :12/01/2011

 O R D E R
                   C.K.ABDUL REHIM, J.
                -------------------------------------------
                  W.P.(C).No.35018 of 2010
                -------------------------------------------
           Dated this the 12th day of January, 2011

                        J U D G M E N T

———————-

The writ petition is filed challenging Ext.P5 notice

issued with respect to the steps taken under Section 13(4) of

the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 (SARFAESI

Act). Consequent to default committed in repaying loans

availed by the petitioner from the respondents, the

immovable property, which is the secured asset, was

proceeded against. It is the case of the petitioner that on

publishing Ext.P5 notice the petitioner had offered payment

of a sum of Rs.7 lakhs which was refused to be accepted. It

is further stated that subsequently he had effected payment

of a sum of Rs.10 lakhs on 20.11.2010. But without

considering such payment, coercive steps under the

SARFAESI Act was proceeded against and the Bank had

demanded payment of the entire arrears in a lump sum.

Hence the petitioner is seeking interference of this court.

2. It is noticed that on an earlier occasion the

petitioner had approached this court in WP(C). 29329/10 and

W.P.(C).35018/10 -2-

in Ext.P4 judgment the petitioner was given liberty to approach

the respondent Bank offering ‘One Time Settlement’ and further

directing the Bank to keep in abeyance recovery steps till a

decision is taken on the basis of such offer. According to learned

counsel appearing for the respondent Bank, the petitioner had

failed to comply with the condition in making any concrete offer

for ‘One Time Settlement’.

3. Eventhough this court was not inclined to entertain this

writ petition, on the basis of a firm offer made by the petitioner to

pay off the amounts due within a short period, an interim order

was issued against dispossession of the petitioner from the

property, directing the Bank to appropriate the remittance of

Rs.10 lakhs already made. Subsequently it is stated that the

petitioner had remitted a further sum of Rs.5 lakhs on 8.12.2010.

Learned counsel for the respondent Bank submitted that the

balance outstanding after crediting all such payments will be

nearly Rs.12 lakhs. Learned counsel appearing for the petitioner

on the other hand submits that the petitioner is ready and willing

to make payment of the amount outstanding within a short period

on the basis of a further undertaking that all challenges raised

against the SARFAESI proceedings are relinquished and that the

petitioner is not intending to pursue any statutory remedy.

4. Under the above mentioned circumstances the writ

W.P.(C).35018/10 -3-

petition is disposed of directing the respondents to keep in

abeyance all further steps for dispossession and sale of the

property, subject to condition of the petitioner remitting the

entire balance outstanding along with interest if any accruing in 4

(four) equal monthly installments, falling due on or before

15.2.2011 and on or before the 15th day of the succeeding months.

5. It is made clear that the petitioner will be at liberty to

approach the respondents seeking issuance of a copy of the

statement of accounts with respect to transactions in the account,

and if any such request is made the Bank may issue such copies

on usual terms. It will be open for the petitioner to bring to the

notice of the respondent Bank that the material irregularity or

mistake if any in the accounts, which, if found genuine, will be

corrected by the respondent Bank.

6. It is made clear that on the event of default in payment

of any one of the installments the respondents will be at liberty to

proceed with further steps and on such event the petitioner will

be precluded from raising any subsequent challenge against such

proceedings.

C.K.ABDUL REHIM, JUDGE.

okb