Kerala High Court
WP(C)/31128/2012 of K.RAMESH KUMAR Vs STATE BANK OF TRAVANCORE on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 31128 of 2012 (M) --------------------------- PETITIONER: ----------- K.RAMESH KUMAR, AGED 53 YEARS, S/O. MR.KARTHIKEYAN PILLAI, RESIDING AT CRA 2/24(C)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 31128 of 2012 (M) --------------------------- PETITIONER:----------- K.RAMESH KUMAR, AGED 53 YEARS, S/O. MR.KARTHIKEYAN PILLAI, RESIDING AT CRA 2/24(C) SAYOOJYAM, M.K.ROAD, CHADIYARA, POOJAPURA, THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.C.A.MAJEED SRI.K.H.ASIF SRI.P.B.UNNIKRISHNAN NAIR SRI.B.SYED MOHAMMED
RESPONDENT(S):--------------
1. STATE BANK OF TRAVANCORE, RETAIL ASSETS & SMALL AND MEDIUM ENTERPRISES CITY CREDIT CENTRE, CHANDRASEKHARAN NAIR STADIUM COMPLEX, PALAYAM, THIRUVANANTHAPURAM-695 033 REPRESENTED BY ITS GENERAL MANAGER.2. KERALA STATE COUNCIL FOR SCIENCE , TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004 REPRESENTED BY ITS CONTROLLER OF ADMINISTRATION.
BY ADV.SRI.R.S.KALKURA, SBT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS
APPENDIX
PETITIONER(S) EXHIBITS:
P1 : COPY OF THE LETTER DTD.2.12.2010 ISSUED BY THE 2ND RESPONDENT.
P2 : COPY OF THE POWER OF ATTORNEY DTD.25.11.2010 ISSUED BY THE PETITIONER IN FAVOUR OF THE 2ND RESPONDENT.PETITIONER IN FAVOUR OF THE 2ND RESPONDENT.
P3 : COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT DTD.20.10.2012.(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT DTD.20.10.2012.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
AS
ANTONY DOMINIC, J.====================
W.P.C. No. 31128 OF 2012====================Dated this the 31[st] day of December 2012
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JUDGMENT
Heard the counsel for the petitioner and the standingcounsel for the respondent Bank. Petitioner says that he executeda work for the second respondent. It is also stated that underExt.P2 Power of Attorney, amounts due to him from the secondrespondent were authorized to be paid to the first respondentBank. It is his case that though he has completed the work,payments have not been made by the second respondent. As aresult, default was committed in the payments due from him tothe first respondent and accordingly Ext.P3 notice was issued bythe bank under Section 13(2) of the SARFAESI Act.
2. It is in these circumstances, the writ petition is filed seeking a direction to the Bank to keep further proceedingspursuant to Ext.P3 in abeyance, for a reasonable time so thathe can realize the amount due from the second respondent andsettle the liability due to the Bank.
3. I have heard the counsel appearing for the first respondent. Admittedly, petitioner is a defaulter to the firstrespondent. The fact that the amount is due to him from the second respondent is no reason to require the Bank to deferfurther proceedings for recovery of its dues. Therefore, I amunable to direct the bank to keep further proceedings in abeyanceuntil the petitioner realizes his dues from the second respondent.The fact that Ext.P2 Power of Attorney was executed by thepetitioner also is of no consequence.
4. Be that, as it may, since the petitioner is desirous from discharging the liability itself, I direct that the petitioner bepermitted to pay the amounts due to the first respondent in sixequal monthly instalments. The first instalment shall be paid bythe petitioner on or before 31-1-2013 and the subsequentinstalments shall be paid on or before the 15[th] of everysucceeding month.
Subject to payment as above, the coercive action taken against the petitioner will be deferred and in case defaultis committed, the bank will be free to continue the recoveryaction initiated.
ANTONY DOMINIC JUDGE
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