Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945 WP(C) NO. 30260 OF 2023 PETITIONER :- CENO. K.P, AGED 48 YEARS S/O K.P PRABHAKARAN, HINDU, BUSINESSMAN AND CONTRACTOR RESIDING AT KONKIYAZHIKAM VEEDU (KOYIPPURATHU VEEDU), KARAMCODE.P.O., MEENADU VILLAGE IN KOLLAM TALUK, PIN - 691579 BY ADV MINI GANGADHARAN RESPONDENTS :- 1 THE SECRETARY CHATHANNOOR REGIONAL SERVICE CO-OPERATIVE BANK Q 153 CHATHANNOOR .P.O., KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691572 2 THE SPECIAL SALE OFFICER CHATHANNOOR REGIONAL SERVICE CO-OPERATIVE BANK Q 153 OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NEAR COLLECTORATE, KOLLAM - 691 013, PIN - 691013 BY ADVS.
A.S.DILEEP P.BINOD(K/647/1987) K.Y.SUDHEENDRAN(K/000625/1987) SUSEELA DILEEP(S-1307) SUDEEP ARAVIND PANICKER(K/000517/2018) HARITHA HARINATH(K/001653/2023) K.N.HARISHANKAR(K/001647/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30260 OF 2023 2 JUDGMENT The petitioner is a businessman. He approached the 1st respondent bank and has availed a loan for a sum of Rs. 10 lakhs on the strength of a mortgage by deposit of title deed.
Due to a sudden drop in his business, he was not in a position to remit the loan installments regularly. The petitioner states that the bank has initiated arbitration proceedings and has secured an award. The petitioner has now been served with Ext.P4 notice informing him that steps have been taken to measure out the property as the sale of the entire extent of 12.5 Ares mortgaged with the bank was not required for wiping off the outstanding arrears. In the said circumstances, the petitioner is stated to have issued Ext.P5 representation seeking a breathing time to clear off the arrears. It is in the above backdrop that this writ petition is filed seeking to quash Ext.P4 and for incidental reliefs.
2.
The learned counsel appearing for the respondent Bank submitted that the petitioner had availed the loan on 12.06.2014. According to the learned counsel, as on date, the total amount due is Rs.25,50,720/-.
ARC No.3163 of 2017 was filed, and an award was passed on 15.01.2018.
Subsequently, execution proceedings were initiated under E.P.No.1789 of 2018. It is worth noting that it is within the context of these ongoing
WP(C) NO. 30260 OF 2023 3 proceedings that the Ext.P4 notice was issued to measure the aforementioned property. He would further point out that Ext.P2 discharge summary issued by KIMS Health Hospital would disclose that the petitioner is an alcoholic, and from Ext.P3, it is evident that the petitioner's ailment is primarily stress-related.
3.
I have considered the submissions advanced and have gone through the records.
4.
I find that what is under challenge in this writ petition is Ext.P4 notice issued for measuring the property in the course of proceedings in execution. The only reason stated in the writ petition is that the petitioner is suffering from mental ailments. It is for the petitioner to appear before the jurisdictional authority and contest the matter in an appropriate manner and in accordance with law. If the petitioner wants to settle the disputes, he can very well approach the respondents and may seek a one-time settlement. In the facts and circumstances, I find absolutely no reason to interfere with Ext.P4 notice.
This writ petition is dismissed.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE SMA
WP(C) NO. 30260 OF 2023 4 APPENDIX OF WP(C) 30260/2023 PETITIONER EXHIBITS :- Exhibit P1 THE GST REGISTRATION CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER FOR HIS ENTREPRENEURSHIP NAMED PHOENIX MINING & DREDGING CONTRACTS HAVING ADDRESS: IX/6, KOIPURATHU BUILDING, OORAMVILA, CHATHANNOOR, KOLLAM Exhibit P2 THE TRUE PHOTOCOPY OF DISCHARGE SUMMARY DATED 1.03.2021 ISSUED FROM KIMS HEALTH HOSPITAL Exhibit P3 THE O.P TREATMENT SUMMARY FOR THE PETITIONER FROM 27.08.2022 TO 2.06.2023 Exhibit P4 THE TRUE PHOTOCOPY OF NOTICE DATED 8.09.2023 COMMUNICATING THE PETITIONER THE PROPOSED PROCESS OF MEASURING OUT AND DEMARCATING THE REQUIRED PORTION OF THE SECURED ASSETS FOR THE SATISFACTION OF THE DEFAULTED LOAN ALSO SHOWING THE DUE SUMS FROM THE PETITIONER AT RS.
25,26,300/- (RUPEES TWENTY-FIVE LAKH TWENTY-SIX THOUSAND THREE HUNDRED ONLY) ON THE PROPERTY MORTGAGED Exhibit P5 THE TRUE PHOTOCOPY OF APPLICATION DATED 11.09.2023 NARRATING THE PETITIONER'S PATHETIC STAGE UNDERTAKING TO CLEAR THE DEFAULTED ARREARS WITHIN SIX MONTHS