Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 WP(C) NO. 42303 OF 2022 PETITIONER: REENA UDAYAN, AGED 44 YEARS, W/O UDAYAN.C.V. CHIRAYATH HOUSE, KUNDALIYUR,KUNDALIYUR P.O, THRISSUR DISTRICT, PIN - 680 616. BY ADVS. SUSHANTH.J. C.K.PREM RAJ KRISHNAPRIYA B. RESPONDENTS: 1 THE AUTHORISED OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD. (NOW KNOWN AS KERALA STATE CO-OPERATIVE BANK LTD.,) HEAD OFFICE, SAHAKARANA SATHABDHI MANDIRAM, KOVILAKATHUPADAM, THIRUVAMBADY, THRISSUR, PIN - 680 022. 2 THE BRANCH MANAGER THRISSUR DISTRICT CO-OPERATIVE BANK LTD. (NOW KNOWN AS KERALA STATE CO-OPERATIVE BANK LTD.,) HEAD OFFICE BRANCH, SAHAKARANA SATHABDHI MANDIRAM, KOVILAKATHUPADAM, THIRUVAMBADY, THRISSUR, PIN - 680 022. 3 THRISSUR DISTRICT CO-OPERATIVE BANK LTD. (NOW KNOWN AS KERALA STATE CO-OPERATIVE BANK LTD.,) REPRESENTED BY IT'S PRESIDENT, SAHAKARANA SATHABDHI MANDIRAM,KOVILAKATHUPADAM, THIRUVAMBADY, THRISSUR, PIN - 680 022.
ADV. P.C.SASIDHARAN (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2023, ALONG WITH WP(C).5561/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)Nos.42303/2022 & 5561/2020 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 WP(C) NO. 5561 OF 2020 PETITIONER: UDAYAN C.V. AGED 47 YEARS CHIRAYATH HOUSE, KUNDALIYUR, KUNDALIYUR P.O., THRISSUR DISTRICT, PIN-680 616. BY ADVS. SUSHANTH.J. GIGI PAPPACHAN RESPONDENTS: 1 THE AUTHORISED OFFICER THRISSUR DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, THRISSUR-680 004. 2 THE BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE BRANCH, THRISSUR-680 004. 3 THRISSUR DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, THRISSUR, PIN-680 004. REPRESENTED BY ITS PRESIDENT ADV.P.C. SASIDHARAN (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2023, ALONG WITH WP(C).42303/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)Nos.42303/2022 & 5561/2020 3
JUDGMENT
[WP(C) Nos.42303/2022, 5561/2020] These writ petitions have been filed by one Udayan C.V. (petitioner in W.P.(C)No.5561 of 2020) and one Reena Udayan (petitioner in W.P.(C)No.42303 of 2022). The petitioner in W.P.(C)No.42303/2022 is the wife of the petitioner in W.P.(C)No.5561/2020. The petitioners had availed separate loans from the respondent Bank and on default being committed, proceedings were initiated for recovery of amounts due under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act).
2. When W.P.(C)No.5561/2020 had come up for consideration on 16-03-2020, this Court passed the following interim order:
“Learned counsel for the petitioner submits that the period of the term loan expires in 2026. However, the bank claimed the entire overdue in the possession notice as Rs.91,43,597/-. He further submits that, the overdue amount as of now is Rs.20 lakhs. The bank has taken symbolic possession. In order to test the bonafides of the
W.P.(C)Nos.42303/2022 & 5561/2020 4 petitioner whether he is willing to pay the amount in installments he is directed to deposit an amount of Rs.5,00,000/- on or before 31st March, 2020. If such deposit is made, the further proceedings in Ext.P1 can be ordered to be kept in abeyance”.
3. The learned counsel appearing for the respondent Bank submits that the interim order dated 16-03-2020 in W.P.(C)No.5561/2020, has not been complied with.
4. When W.P.(C)No.42303/2022, came up for
consideration before this Court, the following interim order
was issued: “The steps for taking physical possession of the secured asset shall stand adjourned till 03.01.2023 on condition that the petitioner remits a sum of Rs. 10,00,000/- towards the loan liability on or before 31.12.2022. Post along with W.P. (C) No. 5561/2020 on 03.01.2023”. It is not disputed that the said condition imposed in the interim order in W.P.(C)No.42303/2022 has not been complied with.
5. The learned counsel for the respondent Bank also
refers to the judgment in W.P.(C)No.25244/2020, which is annexed as Ext.P1 to W.P.(C)No.42303/2022, where this Court dismissed the writ petition filed by the petitioner in W.P.(C)Nos.42303/2022 & 5561/2020 5 W.P.(C)No.42303/2022, noting that her husband had earlier approached this Court through W.P.(C)No.5561/2020 and had failed to comply with the condition imposed in the interim
order in that case.
6. Taking all the aforesaid facts cumulatively into
consideration, I am of the view that the petitioners have not made out any case for interference in proceedings initiated by the respondent Bank under the provisions of the SARFAESI Act in exercise of jurisdiction under Article 226 of the Constitution of India. These writ petitions fail and are accordingly dismissed. Sd/- GOPINATH P. JUDGE ats W.P.(C)Nos.42303/2022 & 5561/2020 6 APPENDIX OF WP(C) 5561/2020 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE NOTICE DATED 20.02.2019 ISSUED BY THE 2ND RESPONDENT ALSO ENGLISH TRANSLATION. EXHIBIT P2 COPY OF REPRESENTATION TO THE MINISTER FOR AGRICULTURE AND RURAL DEVELOPMENT DATED 01.03.3019. W.P.(C)Nos.42303/2022 & 5561/2020 7 APPENDIX OF WP(C) 42303/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.25244 OF 2020 Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT