IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 28204 of 2010(A) -------------------------- PETITIONER(S): --------------- A.JOHN, ARAKKAL, PUNNAPPRA, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, VADAKKAL BRANCH, ALAPPUZHA. 2. THE CHIEF MGR. (ADVANCES), STATE BANK OF TRAVANCORE, ZONAL OFFICE, PANAMPILLY NAGAR, KOCHI-36. 3. THE KERALA FISHERMEN DEBT RELIEF COMMISSION, REPRESENTED BY ITS SECRETARY, TC 11/683-1 & 29, NALANDA ROAD, NANTHANKODE, KOWDIAR.P.O., THIRUVANANTHAPURAM-695003. ADV. SRI.SATHISH NINAN FOR R1 & 2 GOVT. PLEADER SRI.BIJOY CHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.28204 of 2010-A ---------------------------------------- Dated this the 3rd day of January, 2011. J U D G M E N T The petitioner claims to be a fisherman, who had availed loan from the 1st respondent Bank to the tune of Rs.2,40,000/- during the year 2004. Consequent to default committed in repayment, proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was initiated at the behest of respondents 1 and 2 and the property, which is the secured asset, was proceeded against. 2. According to the petitioner, the State Government, by virtue of Ext.P5 order, had declared moratorium against realisation of the arrears in the loans availed by fisherman, under the provisions of the Kerala Fisherman Debt Relief Commission Act. It is stated that the period of moratorium declared has now been extended. It is further stated that the petitioner had already approached W.P(C) No.28204 of 2010-A 2 the Commission appointed under the above said Act and Ext.P5 letter was issued by that Commission directing the petitioner to seek appropriate remedy from the respondent Bank on the basis of the order of moratorium. The case of the petitioner is that inspite of pendency of the matter before the Commission, the respondent Bank had proceeded with further steps, and on invoking Section 14(1) the Chief Judicial Magistrate Court was approached. Ext.P8 is the notice issued by the Advocate Commissioner appointed by the Chief Judicial Magistrate Court. Since the petitioner expects considerable waiver of the amounts due in the loan account, on the basis of provisions contained in the above Act, the petitioner is seeking interference of this Court to restrain the coercive steps of recovery now initiated, till a decision is taken by the Commission appointed under the said Act. 3. Heard; the standing counsel appearing for the respondent Bank. According to him the information furnished by the petitioner while submitting the loan W.P(C) No.28204 of 2010-A 3 application does not disclose that the petitioner is a fisherman and the loan in question was availed for any activity connected with fishing. Therefore the respondent Bank is disputing eligibility of the petitioner for the benefits under the above said Act. 4. However; considering the fact that the matter is now pending consideration and disposal before the Kerala Fisherman Debt Relief Commission, I am of the view that coercive steps of recovery need be restrained till that Commission takes a decision on the matter. Learned Government Pleader, on the basis of instructions from the 3rd respondent, had submitted that the claim raised by the petitioner is pending adjudication before the Commission and that a decision will be taken after consultation with the respondent Bank, along with other similar matters. 5. Under the above circumstances, the writ petition is disposed of directing respondents 1 and 2 to keep in abeyance all further steps of recovery initiated under the provisions of the SARFAESI Act, till Ext.P4 petition is W.P(C) No.28204 of 2010-A 4 disposed of by the Kerala Fisherman Debt Relief Commission. 6. The 3rd respondent may take earnest steps to consider and pass appropriate orders on Ext.P4 application, after affording an opportunity of hearing to the petitioner and the respondent Bank, as early as possible. C.K.ABDUL REHIM JUDGE ab