Kerala High Court
WP(C)/12904/2025 of NATIONAL PHARMA, Vs AUTHORISED OFFICER, CITY UNION BANK, on 8 April 2025
WP(C) NO. 12904 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 12904 OF 2025 PETITIONER/S: 1 NATIONAL PHARMA,NO. 39/7574, KACHAPPALLY CHAMBERS, MAHAKAVI G ROAD, KARIKKAMURI
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 12904 OF 2025
PETITIONER/S:
NATIONAL PHARMA,NO. 39/7574, KACHAPPALLY CHAMBERS, MAHAKAVI G ROAD, KARIKKAMURI JUNCTION, ERANAKULAM, PIN - 682011
JACOB SHAIJU, AGED 53 YEARS
S/O. A.K. ANTONY, ARAKKAL HOUSE, POTTAKUZHI ROAD, PACHALAM P.O., ERANAKULAM, PIN - 682012
MR. SHIBU ANTONY,AGED 52 YEARS
S/O. A.K. ANTONY, ARAKKAL HOUSE, POTTAKUZHI ROAD, PACHALAM P.O., ERANAKULAM, PIN - 682012
A.K. ANTONY,AGED 85 YEARS
S/O. A.C. KURIAN, ARAKKAL HOUSE, POTTAKUZHI ROAD, PACHALAM P.O., ERANAKULAM, PIN - 682012
BY ADVS.
P.M.GIRIJAVALLABHAN
JOSHNA JOY
ANAMIKA G. MENON
RESPONDENT/S:
AUTHORISED OFFICER, CITY UNION BANK,
LIMITED, CREDIT RECOVERY AND MANAGEMENT DEPARTMENT, NARAYANA, ADMINISTRATIVE OFFICE, NO. 24-B, GANDHI NAGAR, KUMBAKONAM, PIN – 612001
CITY UNION BANK,ERANAKULAM BRANCH,
D. NO. 61/181 A1, GROUND FLOOR, CHAKIAT ESTATE, CHURCH
LANDING ROAD, NEAR PALLIMUKKU, ERANAKULAM, REPRESENTED
BY BRANCH MANAGER, PIN - 682016
BY ADVS.
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM(K/001758/1999)
V.T.LITHA(K/278/2006)
K.R.MONISHA(K/915/2013)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioners have approached this Court, challenging the proceedings initiated against the petitioners under the provisions of the SARFAESI Act to recover amounts due under credit faculties availed by the petitioners from the respondent bank.
2. Learned counsel appearing for the respondent bank submits that, the outstanding liability, as on 07.04.2025 is Rs.2,48,40,905/- in respect of the cash credit facility and the emergency credit granted to the petitioner on account of the Covid-19 pandemic. It is submitted that, the loan accounts cannot be regularized and if at all the petitioners have a proposal for renewal of the facility, it is for the petitioners to approach the bank with a suitable application for the same. It is submitted that, if the petitioners approach the bank with an application for renewal of the facility, the same can be considered by the competent Authority on merits provided the petitioners service the loan accounts in the manner required by the bank.
3. Learned counsel appearing for the petitioners submits that the petitioners have complied with the condition in the interim order dated 01.04.2025 and paid a sum of Rs.10 lakh within the time specified. It is submitted that, the petitioners will approach the bank with a suitable proposal and the same may be directed to be considered by the respondent bank.
4. Having heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank, the writ petition will stand disposed of, directing that if the petitioners submit a proposal before the respondent bank for renewal of the loan facility, the same shall be considered by the competent Authority of the respondent bank and a decision shall be taken in the matter without undue delay. The petitioners shall submit the proposal immediately and at any rate, within a period of ten days from the date of receipt of a certified copy of this judgment. If the petitioners submit the proposal within the time as directed above, further proceedings under the SARFAESI Act shall remain suspended till a decision is taken on the proposal by the competent Authority. I make it clear that I have not expressed any opinion regarding the claim for renewal raised by the petitioners.
Writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 12904/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FORM GSTR-3B FOR THE MONTH OF DECEMBER 2024 DATED 23-01-2025 Exhibit P2 TRUE COPY OF THE FORM GSTR-3B FOR THE MONTH OF JANUARY 2025 DATED 27-02-2025 Exhibit P3 TRUE COPY OF THE 13(2) UNDER SARFESI ACT, 2002 NOTICE DATED 30-12-2024 Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE ISSUED UNDER SECTION 13(4) READ WITH RULE 8 OF SARFESI ACT, 2002 DATED 13-03-2025 Exhibit P5 TRUE COPY OF THE AFFIXTURE AFFIXED BY THE RESPONDENT BANK DATED 13-03-2025