Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 33137 OF 2023 PETITIONER:
MUHAMMED RASHID VANIYA PEEDIYEKKAL, AGED 37 YEARS S/O KUNHEEN HAJI, PROPRIETOR, SHREELA PACKS, 12/387, KULUKKALLUR, PATTAMBI, PALAKKAD – 679337 BY ADVS.
SNEHA M.S.
ABHIJITH E.R.
RESPONDENTS:
1 AXIS BANK LTD, NO.3/637C, PERINTHALMANNA ROAD, MELEPATTAMBI, PALAKKAD, KERALA, PIN - 679306, REPRESENTED BY ITS AUTHORISED OFFICER (APPOINTED UNDER THE SARFAESI ACT) 2 THE AUTHORISED OFFICER (APPOINTED UNDER THE SARFAESI ACT), AXIS BANK LTD, NO. 3/637C, PERINTHALMANNA ROAD, MELEPATTAMBI, PALAKKAD, KERALA, PIN – 679306.
SRI.PRADEESH CHACKO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.33137 of 2023 2 JUDGMENT Dated this the 18th day of December, 2023 The petitioner has approached this Court seeking the following reliefs:
“(i) Issue a writ of mandamus or any other appropriate writ, direction or order permitting the petitioner to clear the defaulted arrears in 20 monthly instalments along with the current scheduled EMIs, and allowing for any additional interest or other charges that may be applicable for this revised payment scheme.
(ii) Issue a writ of mandamus or any other appropriate writ, direction or order restraining the respondent-Bank from initiating any coercive measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI Act) or any other relevant statutes, specifically including the taking of physical possession of the goods carriage vehicles identified in Exts.P3 to P5, until the completion of the aforementioned payment arrangement.
(iii) Issue any further or other orders that this Hon’ble Court deems fit and proper in the circumstances of the case to meet the ends of justice, including any interim reliefs as may be deemed necessary.” 2.
When the writ petition was taken up for consideration on 27.10.2023, this Court passed an interim
WP(C) No.33137 of 2023 3 order to the following effect:
“The petitioner is directed to pay an amount of Rs.3 lakhs on or before 15.11.2023.
The Standing Counsel to get instructions regarding the balance overdue amount and the period that can be granted to the petitioner to clear the dues.
Post on 16.11.2023. Coercive proceedings, if any taken against the petitioner, shall be deferred till then.” 3.
When the writ petition came up again for hearing on 08.12.2023, this Court noted as follows:
“The petitioner submits that the petitioner has paid the entire amount of 3 lakhs as directed by ₹ this Court in the order dated 27.10.2023. Standing Counsel submits that the Bank has received only 2.40 lakhs. Post on 13.12.2023.” ₹ 4.
When the matter is taken up for consideration today, Standing Counsel would submit that the petitioner has not paid the entire amount of 3 lakhs as directed by this ₹ Court so far, though about three months have lapsed.
5.
The relief sought for by the petitioner in the writ petition is to permit the petitioner to pay off the outstanding
WP(C) No.33137 of 2023 4 amount in instalments. The petitioner could not make even a part payment as directed by this Court. Therefore, I am of the view that the petitioner is not entitled to get any further relief in the writ petition.
The writ petition is dismissed. The petitioner may, however, approach the Bank for any arrangement in repayment of the loan.
Sd/- N.NAGARESH JUDGE spk
WP(C) No.33137 of 2023 5 APPENDIX OF WP(C) 33137/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 21/12/2018 ISSUED TO THE
PETITIONER
EVIDENCING
HIS PROPRIETORSHIP OF M/S SHREELA PACKS Exhibit P2 A TRUE COPY OF THE GST CERTIFICATE DATED 27/02/2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS BUSINESS CONCERN AT MAHARASHTRA Exhibit P3 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 LE 0415 DATED 08/07/2022 Exhibit P4 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 LE 9058 DATED 03/04/2023 Exhibit P5 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 LE 9056 DATED 03/04/2023 Exhibit P6 A TRUE COPY OF THE PAYMENT RECEIPT DATED 18-11-2023 OF ACCOUNT NO:
CVR013607319237 Exhibit P7 A TRUE COPY OF THE PAYMENT RECEIPT DATED 18-11-2023 OF ACCOUNT NO:
CVR013608095162 Exhibit P8 A TRUE COPY OF THE PAYMENT RECEIPT DATED 18-11-2023 OF ACCOUNT NO:
CVR013608095247