Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944 W.P.(C) NO.38922 OF 2022 PETITI
ONER:
M/S MADEENA WOOD INDUSTRIES, AGED 30 YEARS, RAYONPURAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT REPRESENTED BY THE PROPRIETOR MUHAMMED SADIQUE, AGED 30 YEARS, S/O.SUBAIR, SRAMBIKKAL HOUSE, OKKEL P.O., PERUMBAVOOR, ERNAKULAM DISTRICT , PIN-683 550.
BY ADVS.C.A.NAVAS T.K.SASIKUMAR LAYA SIMON RESPONDENTS:
1 THE BRANCH MANAGER, THE UNION BANK OF INDIA, KOOVAPPADY BRANCH, KOOVAPPADY, ERNAKULAM DSTRICT, PIN-683 544.
2 THE AUTHORISED RECOVERY OFFICER, THE UNION BANK OF INDIA, KOOVAPPADY BRANCH, KOOVAPPADY, ERNAKULAM DISTRICT, PIN-683 544.
3 THE DISTRICT COLLECTOR, COLECTORATE, KAKKANAD, ERNAKULAM DISTRICT, PIN-682 030.
4 THE DEPUTY TAHSILDAR, REVENUE RECOVERY, THALUK OFFICE, PERUMBAVOOR, PIN-683 541.
5 THE VILLAGE OFFICER, CHELAMATTOM VILLAGE, OKKEL.P.O, KUNNATHUNAD THALUK, PIN-683 550.
R1&R2 R3-R5 SRI. A.S.P. KURUP, STANDING COUNSEL, UNION BANK OF INDIA SRI. P.S. APPU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2- W.P.(C) NO.38922 OF 2022 JUDGMENT Dated this the 14th day of December, 2022 The petitioner availed a Mudra Loan from the 1st respondent Bank and defaulted repayment. This resulted in the Bank initiating recovery proceedings after recalling the loan.
This writ petition is filed seeking an opportunity to regularise the loan by paying the overdue amount in instalments.
2.
Heard, learned Counsel for the petitioner and the learned Standing Counsel.
3.
Learned Standing Counsel submits that, as on today, an amount of Rs.6,80,659/- is due from the petitioner and the loan can be regularised only if the petitioner pays the overdue amount and submits requisite documents.
4.
Learned Counsel for the petitioner assures that the petitioner will pay off the amount is instalments.
The writ petition is hence disposed of as under;
i) The petitioner shall be permitted to pay off the balance amount of Rs.6,80,659/-, with applicable interest and cost, in 15 equated monthly instalments.
-3- W.P.(C) NO.38922 OF 2022 ii) The petitioner shall also produce additional documents and execute agreements as required by the Bank.
iii) The first instalment shall be paid on or before 15.01.2023 and the balance instalments, before the 15th of every succeeding month.
iv) Delay in remitting any one of the instalments will result in the benefit of this judgment being withdrawn and the Bank being at liberty to continue the revenue recovery proceedings.
v) If the instalments are remitted without default, the revenue recovery proceedings shall be kept on hold.
Sd/- V.G. ARUN JUDGE bpr
-4- W.P.(C) NO.38922 OF 2022 APPENDIX OF WP(C) 38922/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO.RRC NO.2022/12975/07 DATED 05.11.2022 ISSUED UNDER SECTION 7 OF REVENUE RECOVERY ACT Exhibit P2 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO.RRC NO.2022/12975/07 DATED 05.11.2022 ISSUED UNDER SECTION 34 OF REVENUE RECOVERY ACT Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO.RRC NO.2022/12974/07 DATED 05.11.2022 ISSUED UNDER SECTION 7 OF REVENUE RECOVERY ACT Exhibit P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO.RRC NO.2022/12974/07 DATED 05.11.2022 ISSUED UNDER SECTION 34 OF REVENUE RECOVERY ACT Exhibit P5 TRUE COPY OF THE GST RETURN FILED FOR THE PERIOD FROM JANUARY TO MARCH 2021- 2022 DATED 21.04.2021 Exhibit P6 TRUE COPY OF THE GST RETURN FILED FOR THE PERIOD FROM APRIL TO JUNE 2021-2022 DATED 19.07.2021 Exhibit P7 TRUE COPY OF THE GST RETURN FILED FOR THE PERIOD FROM JULY TO SEPTEMBER 2021- 2022 DATED 18.10.2021 Exhibit P8 TRUE COPY OF THE TAX INVOICE NO.46 DATED 11.11.2021