MUHAMMED AYYADAN v. THE CATHOLIC SYRIAN BANK LTD

THE AUTHORISED OFFICER/CHIEF MANAGER, THE CATHOLIC SYRIAN BANK LTD, CSB ZONAL OFFICE, FIRST FLOOR, DEVAGIRI NEW BUILDING, MEDICAL COLLEGE ROAD, KOZHIKODE, PIN – 673008. CATHOLIC SYRIAN BANK LTD KOZHIKODE CITY BRANCH, PALAYAM, KOZHIKODE- PIN - 673004 REPRESENTED BY ITS MANAGER. BY ADV.SRI.MADHU RADHAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.2062 of 2024 :2: J U D G M E N T Dated this the 19th day of January, 2024 The petitioner has approached this Court challenging the recovery proceedings initiated by the respondent-Bank. The petitioner would contend that though the petitioner has repaid altogether an amount of ₹4,53,16,216/- to the Bank for a Cash Credit Loan of ₹1,50,00,000/- obtained in the year 2014, the Bank is proceeding with the SARFAESI action.

2. The petitioner would content that he has undergone a liver transplantation and was not able to comply with the last OTS agreement with the Bank. The Bank had agreed to settle the account for an amount of ₹1.28 Crores. The petitioner paid ₹42 lakhs towards the One Time Settlement. The petitioner, however could not pay the balance amount within the stipulated time. The petitioner is willing to pay the balance amount, if a breathing time is given. W.P.(C)No.2062 of 2024 :3:

3. The petitioner submits that the petitioner was not able to comply with the One Time Settlement offer because of his ailment. The property is scheduled to be taken possession in the next week.

4. Standing Counsel entered appearance on behalf of the respondents and resisted the writ petition. The Standing Counsel submitted that there was consistent default on the part of the petitioner in maintaining the loan account. The securitisation proceedings were initiated in the year 2018. In spite of that, the petitioner was offered One Time Settlement facility twice. The petitioner did not stick to the One Time Settlement schedule. In the facts of the case, the petitioner is not entitled to any relief from this Court. It is also pointed out that the petitioner had approached this Court earlier filing OP(DRT) No.13 of 2023 and W.P.(C) No.6620 of 2022. The petitioner was granted instalment facility in W.P.(C) No.6620 of W.P.(C)No.2062 of 2024 :4:

2022. The petitioner could not adhere to the said directions also. The petitioner had filed S.A.No.419 of 2022 before the Debts Recovery Tribunal. Therein also, instalment facility was given.

5. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respondents.

6. It is an admitted position that even under the One Time Settlement Scheme, where interest waiver and other benefits were given, the petitioner is bound to pay ₹1.28 Crores. One Time Settlement offer was made to the petitioner in the month of May, 2023 and the petitioner had to pay an amount of ₹1.20 Crores by June, 2023. The said time schedule was not adhered to.

7. Going through the pleadings and arguments, I find that the petitioner had approached the Debts Recovery W.P.(C)No.2062 of 2024 :5: Tribunal for redressal of grievances and the Debts Recovery Tribunal had given an opportunity to the petitioner to pay the outstanding amount in instalments. The petitioner did not comply with the directions of the Debts Recovery Tribunal. Subsequently, the petitioner approached this Court filing W.P.(C) No.6620 of 2022. This Court also granted instalment facility. However, the petitioner could not stick to the time schedule of repayment. Subsequently, the petitioner approached this Court filing OP(DRT) No.13 of 2023. Considering the facts and circumstances of the case, this Court dismissed the said OP(DRT) with the following observations:- “Having heard the Counsel for the petitioner and the learned Counsel appearing for the respondent-Bank, I am of the view that the petitioner has not made out any case for interference with the proceedings before the Tribunal under Article 227 of the Constitution of India. The prayer made by the petitioner to keep the proceedings for taking physical possession in abeyance till the securitisation application is decided cannot be granted in the facts and circumstances of this case. The account of the W.P.(C)No.2062 of 2024 :6: petitioner had turned into a non-performing asset as early as in the month of June, 2018. Thereafter, as the facts recorded herein above indicate, every possible accommodation has been provided to the petitioner by the Bank / Advocate Commissioner appointed by the Chief Judicial Magistrate Court, Manjeri. This may have been on account of the fact that the petitioner was having certain health issues. However, in the facts of this case that, by itself, does not compel me to hold that the petitioner is entitled to any further indulgence. Further, that will be travelling outside the scope of jurisdiction of this Court under Article 227 of the Constitution of India. Having perused the order of the Tribunal and having noticed the facts as above, I see no defect or error in the order passed by the Tribunal. The original petition fails. It is accordingly dismissed.” The petitioner has not brought to any subsequent change in circumstances warranting a different approach. The writ petition is without any merit and therefore dismissed. JUDGE Sd/- N. NAGARESH W.P.(C)No.2062 of 2024 :7: APPENDIX OF WP(C) 2062/2024 PETITIONER EXHIBITS Exhibit-P1 Exhibit-P2 Exhibit-P3 Exhibit-P4 Exhibit-P5 Exhibit-P6 Exhibit-P7 Exhibit-P8 A TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD 30-10-2014 TO 07-01-2024 TRUE COPY OF THE DISCHARGE SUMMARY, DATED 06-05-2020 ISSUED FROM THE ASTER MIMS HOSPITAL, KOZHIKODE THE COERCIVE PROCEEDINGS WERE STAYED. TRUE COPY OF THE JUDGMENT DATED 02-03-2022 IN W.P(C) NO.6620 OF 2022 TRUE COPY OF THE LETTER DATED 12-05-2023 ISSUED BY RESPONDENT NO.1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER ALONG WITH THE RECEIPT ACKNOWLEDGING THE ACCEPTANCE OF THE SAME ON 29-11-2023 TRUE COPY OF THE LETTER DATED 06-12-2023 ISSUED BY RESPONDENT NO.1 TRUE COPY OF THE NOTICE DATED 27-12-2023 ISSUED BY ADV.ASWATHY SREENIVAS.P TRUE COPY OF THE NOTICE, DATED 29-12-2023 ISSUED BY THE DISTRICT COLLECTOR, MALAPPURAM