Rajesh K G v UCO Bank; Renjitha R v UCO Bank

## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MR.JUSTICE C.S.DIAS` ``` TUESDAY, THE 27[TH] DAY OF JUNE 2023 / 6TH ASHADHA, 1945 ``` ## `WP(C) NO. 24751 OF 2022` ## `PETITIONERS:` ``` RAJESH K G, S/O. K.N. GOPALAKRISHNAN, AGED 52 YEARS ``` ``` KARALATH HOUSE, PONOTH ROAD, KALOOR, ERNAKULAM, PIN – 682017 ``` ``` BY ADVS.ANIL S.RAJ K.N.RAJANI RADHIKA RAJASEKHARAN P. ANILA PETER MUHAMMED HARIS K.K. SIMI S. ALI SNEHA S. MENON ``` ## `RESPONDENTS:` ``` 1UCO BANK, HAVING AN OFFICE AT A.S.PLAZA, NEAR PUMP JUNCTION, TRICHUR ROAD, KODUNGALOOR THRISSUR, REPRESENTED BY ITS BRANCH MANAGER, PIN – 680664 ``` ``` 2THE AUTHORIZED OFFICER, UCO BANK, A.S.PLAZA, NEAR PUMP JUNCTION, TRICHUR ROAD, KODUNGALOOR THRISSUR, PIN - 680664 ``` ## `OTHER PRESENT:` ## `SRI H RAMANAN` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2023, ALONG WITH WP(C).24765/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` W.P.(C)Nos.24751 & 24765/2023 ``` ``` -:2:- ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 27[TH] DAY OF JUNE 2023 / 6TH ASHADHA, 1945 ``` ## `WP(C) NO. 24765 OF 2022` ## `PETITIONER:` ``` RENJITHA R, W/O. RAJESH, AGED 48 YEARS KARALATH HOUSE, PONOTH ROAD, KALOOR, ERNAKULAM, PIN – 682017 ``` ``` BY ADVS.ANIL S.RAJ K.N.RAJANI RADHIKA RAJASEKHARAN P. ANILA PETER MUHAMMED HARIS K.K. SIMI S. ALI SNEHA S. MENON ``` ## `RESPONDENTS:` ``` 1UCO BANK, HAVING AN OFFICE AT A.S.PLAZA, NEAR PUMP JUNCTION, TRICHUR ROAD, KODUNGALOOR THRISSUR, REPRESENTED BY ITS BRANCH MANAGER, PIN – 680664 ``` ``` 2THE AUTHORIZED OFFICER, UCO BANK, A.S.PLAZA, NEAR PUMP JUNCTION, TRICHUR ROAD, KODUNGALOOR THRISSUR, PIN – 680664 ``` ## `OTHER PRESENT:` ## `SRI H RAMANAN` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2023, ALONG WITH WP(C).24751/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` W.P.(C)Nos.24751 & 24765/2023 ``` ``` -:3:- ``` Dated this the 27[th] day of June,2023 ## **C O M M O N J U D G M E N T** The writ petitions are filed to direct the respondents to permit the petitioners in the two writ petitions to pay off the overdue amount in equated monthly instalments and regularise the loan accounts. 2. The petitioners in the two writ petitions are husband and wife. They had availed financial assistance from the first respondent – Bank – by creating an equitable mortgage by deposit of title deeds. Due to reasons beyond their control, they could not pay the instalments on time. The respondents have now proceeded against the secured asset of the petitioners under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short ‘Act’). The petitioners are prepared to pay off the overdue amount in instalments. Hence, the writ petition. ``` W.P.(C)Nos.24751 & 24765/2023 ``` ``` -:4:- ``` 3. When the writ petitions came up for consideration on 20.02.2023, this Court passed a conditional order and directed the petitioners to submit a proposal before the Bank for settlement of the dues. The first respondent was directed to consider the application to extend the One Time Settlement(OTS) scheme to the petitioners, subject to the condition that they deposit an amount of Rs.5,00,000/-. 4. Heard; Sri.Anil S.Raj, the learned counsel appearing for the petitioners and Sri.H.Ramanan, the learned counsel appearing for the respondents. 5. Today, when the writ petitions were taken up for consideration, Sri.H.Ramanan, on instructions, submitted that pursuant to the interim order dated 20.02.2023, the petitioners had submitted a proposal to avail the OTS scheme. The Bank after considering the said proposal, rejected the same on 12.04.2023. ``` W.P.(C)Nos.24751 & 24765/2023 ``` ``` -:5:- ``` The Bank is not willing to extend any instalment facility to the petitioners. The petitioners may be relegated to exhaust their statutory remedies. 6. The Hon’ble Supreme Court in **South Indian Bank Ltd vs. Naveen Mathew Philip** (2023 LiveLaw (SC) 320), after adverting to a myriad of earlier judicial pronouncements rendered under the Act, has categorically declared that High Courts shall not, unless in extraordinary circumstances, interfere with proceedings initiated under the Act, in writ proceedings filed under Article 226 of the Constitution of India. 7. In **State Bank of India v. Aravindra Electronics Pvt. Ltd.** [2022 KHC 7165], the Hon'ble Supreme Court has categorically held that the High Courts shall not extend the time period under the OTS scheme in exercise of its powers under Article 226 of the Constitution of India. ``` W.P.(C)Nos.24751 & 24765/2023 ``` ``` -:6:- ``` 8. Having considered the pleadings and materials on record, and taking note of the fact that the Bank has already rejected the proposal submitted by the petitioners to avail the OTS scheme, I do not find any extra-ordinary circumstances to entertain the writ petition by exercising the plenary powers of this Court under Article 226 of the Constitution of India. Nonetheless, it would be up to the petitioners to work out their statutory remedies as provided under the Act. Resultantly, the writ petition is dismissed, without prejudice to the right of the petitioners to work out their remedies, in accordance with law. Sd/- ## **C.S.DIAS,JUDGE** DST/27.06.23 //True copy// P.A.To Judge ``` W.P.(C)Nos.24751 & 24765/2023 ``` ``` -:7:- ``` ## `APPENDIX OF WP(C) 24751/2022` |`PETITIONER EXHIBITS`|| |---|---| |`EXHIBIT-P1`|`TRUE COPY OF THE ACCOUNT STATEMENT OF THE`| ||`PETITIONER FROM 05.03.2019 TO 11.01.2022`| ||`BEARING ACCOUNT NO. A/C. NO.29070510002278`| |`EXHIBIT-P2`|`TRUE COPY OF THE ACCOUNT STATEMENT OF THE`| ||`PETITIONER FROM 05.03.2019 TO 21.03.2022`| ||`BEARING A/C. NO.29070610027301`| |`EXHIBIT-P3`|`TRUE COPY OF THE ACCOUNT STATEMENT OF THE`| ||`PETITIONER FROM 01.12.2020 TO 06.01.2022`| ||`BEARING A/C. NO.29070610036570`| |`EXHIBIT-P4`|`TRUE COPY OF THE NOTICE UNDER SECTION 13`| ||`(2) OF THE SARFESI ACT, 2002 ISSUED BY THE`| ||`2ND RESPONDENT TO THE PETITIONER DATED`| ||`10.11.2021`| |`EXHIBIT-P5`|`TRUE COPY OF THE LETTER ISSUED BY THE`| ||`PETITIONER TO THE 2ND RESPONDENT IN THE`| ||`ZONAL OFFICE ADDRESS DATED 17.01.2022`| |`EXHIBIT-P6`|`TRUE COPY OF THE LETTER ISSUED BY THE 2ND`| ||`RESPONDENT TO THE PETITIONER DATED`| ||`05.04.2022`| |`EXHIBIT-P7`|`TRUE COPY OF THE NOTICE UNDER SECTION 13`| ||`(2) OF THE SARFESI ACT, 2002 ISSUED BY THE`| ||`2ND RESPONDENT TO THE PETITIONER DATED`| ||`5.4.2022`| |`EXHIBIT-P8`|`TRUE COPY OF THE LETTER ISSUED BY THE`| ||`PETITIONER TO THE 2ND RESPONDENT IN THE`| ||`ZONAL OFFICE ADDRESS DATED 07.06.2022`| |`EXHIBIT-P9`|`TRUE COPY OF THE POSSESSION NOTICE AFFIXED`| ||`BY THE 2ND RESPONDENT ON THE PETITIONER'S`| ||`RESIDENCE DATED 18.7.2022`| ``` W.P.(C)Nos.24751 & 24765/2023 ``` ``` -:8:- ``` ## `APPENDIX OF WP(C) 24765/2022` - `PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER FROM 01.12.2020 TO 06.01.2022 BEARING ACCOUNT NO. A/C. NO.29070610032831` ``` EXHIBIT-P2TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER FROM 22.04.2020 TO 21.03.2022 BEARING A/C. NO.29070610036457 EXHIBIT-P3TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER FROM 23.06.2020 TO 21.03.2022 BEARING A/C. NO.29070610038444 EXHIBIT-P4TRUE COPY OF THE NOTICE UNDER SECTION 13 (2) OF THE SARFESI ACT, 2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 10.11.2021 EXHIBIT-P5TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT IN THE ZONAL OFFICE ADDRESS DATED 17.01.2022 EXHIBIT-P6TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 05.04.2022 EXHIBIT-P7TRUE COPY OF THE NOTICE UNDER SECTION 13 (2) OF THE SARFESI ACT, 2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 05.04.2022 EXHIBIT-P8TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT IN THE ZONAL OFFICE ADDRESS DATED 07.06.2022 EXHIBIT-P9TRUE COPY OF THE POSSESSION NOTICE DATED 18.7.2022 AFFIXED BY THE 2ND RESPONDENT ON THE PETITIONER'S RESIDENCE ``` ``` W.P.(C)Nos.24751 & 24765/2023 ``` ``` -:9:- ``` ## `APPENDIX` ``` PETITIONER EXHIBITS ``` ``` EXHIBIT P1TRUE COPY OF THE COMPLAINT MC. 36/23 FILED BEFORE THE CJM COURT, ALAPPUZHA ``` ``` EXHIBIT P2TRUE COPY OF THE RECEIPT DT.24/4/23 EVIDENCING THE PAYMENT TO THE RESPONDENT. ``` ``` RESPONDENT’S EXHIBITS: NIL ```