IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 11857 of 2010(F) ----------------------------------------- PETITIONER(S): ------------------------- K.K.SUDHEERKUMAR, S/O. BALAKRISHNAN NAMBIAR, AGED 36 YEARS, PROPRIETOR, M/S. SHADOWS TECHNOLOGY, VADAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.K.P.SUDHEER, SRI.V.C.MADHAVANKUTTY. RESPONDENT(S): --------------------------- THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LIMITED, EVENING BRANCH, BADAGARA, PIN-673 101, REPRESENTED BY ITS MANAGER. BY ADV. SRI. P.V. KUNHIKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.11857 of 2010 ------------------------------------------- Dated this the 1st day of June, 2010 JUDGMENT The petitioner is the proprietor of M/s Shadow Technology. He had availed a cash credit facility of Rs.7.5 lakhs from the respondent bank during April 2005. The facility was sanctioned to the petitioner on the security of an item of immovable property admeasuring 1 acre 56 cents in Re.Sy.No.7/1-2 of Palayad Village which belongs to one Kalyani Amma. 2. According to the petitioner, due to the financial difficulties, he was not in a position to repay the loan amount regularly. Therefore, there was default in repaying the loan. The bank initiated proceedings for the recovery of the defaulted amount and Ext.P1 notice was issued calling upon the petitioner to remit an amount of Rs.11,04,306/-. As per Ext.P2, the petitioner remitted an amount of Rs.4 lakhs on 17.2.2010. He also submitted Ext.P4 representation to the bank, seeking regularization of the loan account. Though no orders have been passed wpc No.11857/2010 2 on Ext.P3 till date, the bank initiated Ext.P3 proceedings for taking over the property. The petitioner prays for the issue of appropriate directions for the consideration of Ext.P4. A statement has been filed on behalf of the bank by Mr.P.V.Kunhikrishnan. According to the bank, the petitioner's account had become a non-performing one as early as on 6.4.2006. It is submitted that the petitioner is a chronic defaulter and that the total amount due from him as on 1.1.2010 is Rs.7,19,803/-. Interest for the period from 1.1.2010 is also due from the petitioner. However, the payment of Rs. 4 lakhs by the petitioners on 17.2.2010 is admitted. 3. In view of the fact that the petitioner has remitted an amount of Rs. 4 lakhs on 17.2.2010, there is no reason why his representation Ext.P4 should not be considered and an opportunity given to him to pay off the amounts due to the bank. 4. In the above circumstances, this Writ Petition is disposed of directing the respondent to forward the representation of the petitioner evidenced herein by Ext.P4 to the General Manager of the Kozhikode District wpc No.11857/2010 3 Co-operative Bank Ltd. who shall consider the same sympathetically in accordance with law and shall pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Till final decision is taken on Ext.P4 as indicated above, all coercive action to recover the amount due to the bank shall be kept in abeyance. K.SURENDRA MOHAN, JUDGE css/