IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 27515 of 2009(H) -------------------------- PETITIONER(S): --------------- K.A.SEBASTIAN @ K.A.BASTIN, AGED 42 YEARS, S/O. AUGUSTINE, KALLUVEETIL HOUSE, KANDAKKADAVU.P.O., ERNAKULAM DIST. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. THE SOUTH INDIAN BANK LTD., CHELLANAM BRANCH, REP. BY ITS MANAGER, THE SOUTH INDIAN BANK LTD., CHELLANAM BRANCH, CHELLANAM, ERNAKULAM DIST. 2. THE AUTHORIZED OFFICER THE SOUTH INDIAN BANK LTD., CHELLANAM BRANCH, CHELLANAM ERBAKULAM DIST. 3. THE KERALA STATE FISH WORKERS DEBT RELIEF COMMISSION, REP. BY IT SUPERINTENDENT, THIRUVANANTHAPURAM. 4. THE STATION HOUSE OFFICER, CHELLANAM POLICE STATION, ERNAKULAM. 5. SENIOR CO-OPERATIVE INSPECTOR (FISHERIES), COCHIN 5 CIRCLE, COCHIN. ADV. SRI.K.K.JOHN,SC,SOUTH INDIAN Bank GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).27515/09 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF NOTICE DT.31.8.09 ISSUED BY THE ADV. COMMISSIONER APPOINTED BY THE LEARNED CJM COURT, ERNAKULAM IN CRL.M.P.5829/09 EXT.P2:- TRUE COPY OF THE IDENTITY CARD ISSUED BY THE KERALA FISH WORKERS WELFARE FUND BOARD, THRISSUR. EXT.P3:- TRUE COPY OF THE RECEIPT ISSUED BY THE SR.CO-OPERATIVE INSPECTOR(FISHERIES), COCHIN5 DT.4.3.09 RESPONDENT'S EXHIBITS:- EXT.R2(A):- TRUE COPY OF THE GOVT.ORDER Government Order(MS)NO.38/2009 DT.11.8.09 OKB //TRUE COPY// P.A. TO JUDGE C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.27515 OF 2009 ------------------------------ Dated this the 19th day of October, 2009 J U D G M E N T ---------------------- 1. Petitioner claims to be a fish worker having registration with the Kerala State Fish Workers Welfare Fund. According to the petitioner he belongs to the category of Below Poverty Line (BPL) in financial status. Petitioner had availed loan to the tune of Rs.2 lakhs from the 1st respondent Bank for constructing residential building, during the year 2008. Since repayment in the loan account was defaulted, the respondent Bank had initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). At the instance of the Bank, the Chief Judicial Magistrate has appointed an Advocate Commissioner invoking Section 14(1) of the Act and the petitioner was requested to surrender possession of the immovable property, which is the secured assets in the loan transaction. 2. According to the petitioner he has approached the Bank seeking permission for regularisation of the loan account by payment of the defaulted installments. But without W.P.(C).27515/09-H 2 considering such request coercive steps for dispossession is being pursued. Since the secured asset is the residential property of the petitioner, dispossession will cause severe prejudice and irreparable legal injuries, is the contention. 3. The 2nd respondent in the counter affidavit contended that the loan in question ought to have been repaid from 14.3.2008 onwards, in equal monthly installments of Rs.2,100/- each spreading over a period of 240 months. But after availing the loan the petitioner had not even paid a single paise so far. Therefore the loan amount is treated as NPA on 30.6.08 and steps under SARFAESI Act was initiated. Eventhouth the petitioner claims that he is entitled for debt relief as provided under the scheme formulated by the State Government for providing help to the fishermen, the loan in question will not come within the category declared as eligible for providing such debt relief. Therefore the respondent Bank contended that the writ petition is devoid of any merit. 4. Eventhough by virtue of an interim order dt.1.10.09 the petitioner was directed to make payment of an amount of Rs.75,000/- on or before 15.10.09, the same was not remitted. Counsel for the petitioner submitted that the petitioner had approached the Bank seeking permission for regularisation of the loan account on remitting the defaulted installments with W.P.(C).27515/09-H 3 overdue interest if any liable. It is for the petitioner to pursue such remedies before the authorities of the Bank and if approached by the petitioner the respondent Bank shall consider such requests. Writ petition is disposed of with the above observations. C.K.ABDUL REHIM, JUDGE. okb