C.D.Johny Vs. Dhanlaxmi Bank Limited - Court Judgment

SooperKanoon Citationsooperkanoon.com/1127343
CourtKerala High Court
Decided OnFeb-10-2014
JudgeHONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
AppellantC.D.Johny
RespondentDhanlaxmi Bank Limited
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.r.ramachandra menon monday,the10h day of february201421st magha, 1935 wp(c).no. 3915 of 2014 (l) -------------------------------------- petitioner: ------------------- 1. c.d.johny, s/o.devassy, chiriyankandath house, laloor, elthuruth, thrissur.2. shabeena benny,aged39years, w/o.c.j.benny, chiriyankandath house, laloor, elthuruth, thrissur. by adv. sri.biju .c. abraham respondents: ------------------------ 1. dhanlaxmi bank limited, poothole branch represented by manager, dhanalaxmi bank, poothole, thrissur-680 004.2. the authorized officer, dhanlaxmi bank limited, zonal office, dlb bhavan, 1st floor, punkunnam, thrissur-680 002.3. anil, s/o.kuttala kuttappan, kannamkulangara desom, chiyyaram village, thrissur taluk-680 002. r1 & r2 by sri.c.k.karunakaran, sc, dhanalakshmi bank this writ petition (civil) having been finally heard on1002-2014, along with wp(c)no.4068 of2014 the court on the same day delivered the following: msd. wp(c).no. 3915 of 2014 (l) -------------------------------------- appendix --------------- petitioner(s)' exhibits: -------------------------------------- ext.p1: true copy of the judgment dated2711/2013 passed by this hon'ble court in wp(c)no.29108/2013. ext.p2: true copy of the agreement dated1910/2012. ext.p3: true copy of the compromise dated0801/2014 between the1t petitioner and the3d respondent. ext.p4: true copy of the sale notic dated0901/2014 issued by the2d respondent. respondent(s)' exhibits: ----------------------------------------- nil //true copy// p.a.to judge. msd. p.r.ramachandra menon, j.=-=-=-=-=-=-=-=-=-=-=-=-=-=-= w.p.(c)nos.3915 & 4068 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= dated this the 10th day of february, 2014 judgment the issue involved in both these cases is closely interlinked with each other and hence heard together. the husband of the second petitioner and the son of the first petitioner in w.p.(c) no.3915/2014 had availed a loan of rs.45,00,000/- from the first respondent bank. since the repayment has not effected as scheduled, the bank proceeded steps under the sarfaesi act, which made the petitioner to approach this court by filing the writ petition.2. the petitioner in w.p.(c)no.4068/2014 contends that the property belonging to the third respondent herein, who is the first petitioner in the other case, was sought to be purchased for the agreed sale consideration and a sum of rs.9,00,000/- has already been paid as advance. it is stated that the said petitioner is ready to satisfy the balance rs.14,00,000/- directly to the first respondent bank towards the balance sale consideration and the prayer is to cause the title deed to be returned to the above petitioner.3. the learned counsel appearing for the bank submits on instructions that the amount of rs.9,00,000/- stated as obtained w.p.(c)nos.3915 & 4068 of 2014 2 from the petitioner in w.p.(c)no.4068/2014 by way of advance sale consideration has not been remitted to the bank account. however, it is stated that, after considering the facts and figures, the bank has expressed willingness to accept the sum of rs.14,00,000/- to be tendered by the petitioner in w.p.(c)no.4068/2014 by keeping the same in an interest bearing 'no-lien' account, so as to facilitate return of the title deeds on a further condition that the sum of rs.9,00,000/- forming part of sale consideration already stated as received by the petitioners in w.p.(c)no.3915/2014 is remitted to the bank on or before 15.3.2014. on effecting the deposit as above, the title deed will be returned to the said petitioners for enabling them to have it handed over to the petitioner in w.p.(c) no.4068/2014. the remaining amount to wipe out the liability, which approximately comes around rs.12,00,000/-, shall be cleared by the petitioners in w.p.(c)no.3915/2014 by way of '5' equal monthly installments, the first of which shall be effected on or before 30.4.2014, to be followed by similar installments to be effected on or before the last working day of succeeding months. the sale scheduled on 11.2.2014 as per ext.p4 notice in w.p.(c) no.3915/2014 can be proceeded further, but confirmation of the sale shall be subject to the result of the settlement stated as arrived w.p.(c)nos.3915 & 4068 of 2014 3 at as above. it is made clear that, if the assured amount of rs.9,00,000/- is not deposited by the petitioners in w.p.(c) no.3915/2014 on or before 15.3.2014 and the timely installments are not satisfied, the benefit of this verdict shall stand automatically withdrawn, and it will be open for the respondent bank to proceed with further steps to return the sum of rs.14,00,000/- in the 'no- lien' account maintained, to the petitioner in w.p.(c)no.4068/2014 and proceed with the sale in respect of the property concerned from the stage where it stands now. the writ petition is disposed of. sd/- p.r.ramachandra menon judge vpv
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY,THE10H DAY OF FEBRUARY201421ST MAGHA, 1935 WP(C).No. 3915 of 2014 (L) -------------------------------------- PETITIONER: ------------------- 1. C.D.JOHNY, S/O.DEVASSY, CHIRIYANKANDATH HOUSE, LALOOR, ELTHURUTH, THRISSUR.

2. SHABEENA BENNY,AGED39YEARS, W/O.C.J.BENNY, CHIRIYANKANDATH HOUSE, LALOOR, ELTHURUTH, THRISSUR. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENTS: ------------------------ 1. DHANLAXMI BANK LIMITED, POOTHOLE BRANCH REPRESENTED BY MANAGER, DHANALAXMI BANK, POOTHOLE, THRISSUR-680 004.

2. THE AUTHORIZED OFFICER, DHANLAXMI BANK LIMITED, ZONAL OFFICE, DLB BHAVAN, 1ST FLOOR, PUNKUNNAM, THRISSUR-680 002.

3. ANIL, S/O.KUTTALA KUTTAPPAN, KANNAMKULANGARA DESOM, CHIYYARAM VILLAGE, THRISSUR TALUK-680 002. R1 & R2 BY SRI.C.K.KARUNAKARAN, SC, DHANALAKSHMI BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1002-2014, ALONG WITH WP(C)NO.4068 OF2014 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. WP(C).No. 3915 of 2014 (L) -------------------------------------- APPENDIX --------------- PETITIONER(S)' EXHIBITS: -------------------------------------- EXT.P1: TRUE COPY OF THE JUDGMENT

DATED2711/2013 PASSED BY THIS HON'BLE COURT IN WP(C)NO.29108/2013. EXT.P2: TRUE COPY OF THE AGREEMENT DATED1910/2012. EXT.P3: TRUE COPY OF THE COMPROMISE DATED0801/2014 BETWEEN THE1T PETITIONER AND THE3D RESPONDENT. EXT.P4: TRUE COPY OF THE SALE NOTIC DATED0901/2014 ISSUED BY THE2D RESPONDENT. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE. Msd. P.R.RAMACHANDRA MENON, J.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)Nos.3915 & 4068 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 10th day of February, 2014 JUDGMENT

The issue involved in both these cases is closely interlinked with each other and hence heard together. The husband of the second petitioner and the son of the first petitioner in W.P.(C) No.3915/2014 had availed a loan of Rs.45,00,000/- from the first respondent Bank. Since the repayment has not effected as scheduled, the Bank proceeded steps under the SARFAESI Act, which made the petitioner to approach this Court by filing the writ petition.

2. The petitioner in W.P.(C)No.4068/2014 contends that the property belonging to the third respondent herein, who is the first petitioner in the other case, was sought to be purchased for the agreed sale consideration and a sum of Rs.9,00,000/- has already been paid as advance. It is stated that the said petitioner is ready to satisfy the balance Rs.14,00,000/- directly to the first respondent Bank towards the balance sale consideration and the prayer is to cause the title deed to be returned to the above petitioner.

3. The learned counsel appearing for the Bank submits on instructions that the amount of Rs.9,00,000/- stated as obtained W.P.(C)Nos.3915 & 4068 of 2014 2 from the petitioner in W.P.(C)No.4068/2014 by way of advance sale consideration has not been remitted to the Bank account. However, it is stated that, after considering the facts and figures, the Bank has expressed willingness to accept the sum of Rs.14,00,000/- to be tendered by the petitioner in W.P.(C)No.4068/2014 by keeping the same in an interest bearing 'No-lien' account, so as to facilitate return of the title deeds on a further condition that the sum of Rs.9,00,000/- forming part of sale consideration already stated as received by the petitioners in W.P.(C)No.3915/2014 is remitted to the Bank on or before 15.3.2014. On effecting the deposit as above, the title deed will be returned to the said petitioners for enabling them to have it handed over to the petitioner in W.P.(C) No.4068/2014. The remaining amount to wipe out the liability, which approximately comes around Rs.12,00,000/-, shall be cleared by the petitioners in W.P.(C)No.3915/2014 by way of '5' equal monthly installments, the first of which shall be effected on or before 30.4.2014, to be followed by similar installments to be effected on or before the last working day of succeeding months. The sale scheduled on 11.2.2014 as per Ext.P4 notice in W.P.(C) No.3915/2014 can be proceeded further, but confirmation of the sale shall be subject to the result of the settlement stated as arrived W.P.(C)Nos.3915 & 4068 of 2014 3 at as above. It is made clear that, if the assured amount of Rs.9,00,000/- is not deposited by the petitioners in W.P.(C) No.3915/2014 on or before 15.3.2014 and the timely installments are not satisfied, the benefit of this verdict shall stand automatically withdrawn, and it will be open for the respondent Bank to proceed with further steps to return the sum of Rs.14,00,000/- in the 'No- lien' account maintained, to the petitioner in W.P.(C)No.4068/2014 and proceed with the sale in respect of the property concerned from the stage where it stands now. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE vpv