SAJIN DAS v. BANK OF MAHARASHTRA

The petitioner has approached this Court aggrieved by the coercive proceedings for recovery of financial advance made by the Bank of Maharashtra to the petitioner, invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,

The Bank paid ₹20 lakhs to the petitioner as Cash Credit Facility and ₹40 lakhs as Term Loan in the year 2020. The petitioner states that though the petitioner made remittances promptly during the initial repayment period of the financial advance, he could not pay the repayment W.P.(C)No.18335 of 2024 :3: instalments promptly later due to financial constraints. The repayment of loans fell into arrears. It happened due to reasons beyond the control of the petitioner.

Though the petitioner requested the Bank to permit the petitioner to repay the overdue amounts in easy monthly instalments, the Bank authorities were not yielding. The authorities, instead, started coercive proceedings, invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Security Interest (Enforcement) Rules, 2002 and issued Exts.P1 and P2 notices.

The petitioner states that he is still in a position to clear the overdue amounts towards the loan, if sufficient time is given to clear the dues in easy monthly instalments. If the respondents are permitted to continue with the coercive W.P.(C)No.18335 of 2024 :4: proceedings and auction the secured assets provided by the petitioner, he will be put to untold hardship and loss.

Standing Counsel entered appearance on behalf of the Bank and denied all the statements made by the petitioner. On behalf of the respondents, it is submitted that the loans were given to the petitioner in the year 2020. The petitioner committed default in repaying the loans.

The Bank repeatedly reminded the petitioner and required him to clear the dues. The petitioner deliberately omitted to do so. In the circumstances, the Bank had no other go than to proceed against the petitioner invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,

2002. The impugned Exts.P1 and P2 notices were issued in these circumstances. The petitioner has not advanced any legal reasons to thwart the coercive proceedings initiated by W.P.(C)No.18335 of 2024 :5: the Bank.

The Standing Counsel, however, submitted that if the petitioner is ready and willing to make a substantial payment soon and remit the balance outstanding amount immediately thereafter, a short breathing time can be granted to the petitioner to clear the dues. The Standing Counsel submitted that the outstanding amount due to the Bank from the petitioner as on 27.05.2024 is ₹68,00,273/-.

I have heard the counsel for the petitioner and the Standing Counsel representing the Bank.

The specific case of the petitioner is that the petitioner has been making the repayment and maintaining the loan accounts initially. The default in repayment occurred lately due to reasons beyond the control of the petitioner. The petitioner has provided substantial security which will safeguard the interest of the Bank. W.P.(C)No.18335 of 2024 :6:

In the facts and circumstances of the case, I am inclined to dispose of the writ petition giving a short and reasonable time to the petitioner to clear off the liability.

The writ petition is therefore disposed of with the following directions: (i) The petitioner shall remit an amount of ₹15 lakhs within a period of one month from today. (ii) The petitioner shall remit the balance outstanding amount in subsequent consecutive ten equal monthly instalments thereafter, along with accruing interest and other Bank charges, if any. (iii) If the petitioner commits default in making payments as directed above, the respondents will be at liberty to continue W.P.(C)No.18335 of 2024 :7: with coercive proceedings against the petitioner in accordance with law. (iv) If the petitioner makes payments as directed above, coercive proceedings, if any, against the petitioner shall stand deferred. Sd/- N. NAGARESH JUDGE W.P.(C)No.18335 of 2024 :8: APPENDIX OF WP(C) 18335/2024 PETITIONER'S EXHIBITS Exhibit P1 Exhibit P2 TRUE COPY OF SECTION 13(2) NOTICE OF THE 2ND RESPONDENT DATED 13.07.2023 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 15.05.2024