The petitioner stood as one of the guarantors to a business loan availed by the 3rd respondent from the respondent Bank, creating security interest over the property in question. Because of the default committed by the principal borrower, the Bank proceeded with the steps under the SARFAESI Act, after declaring the account as 'NPA'. When the 4th respondent, who happens to be one of the guarantors , approached the Debt Recovery Tribunal by filing S.A. No. 719 of 2013, it led to Ext. P1 order. Thereafter, the petitioner approached this Court by filing W.P(C) No. 32320 of 2013, challenging the recovery proceedings initiated against the petitioner. The said writ petition was disposed of, directing the petitioner to remit the due amount by way of 'ten' equal monthly installments, commencing from 10.02.2014, subject to the conditions as mentioned therein. Thereafter, the petitioner approached, this Court again by filing W.A. No. 378 of 2014, seeking two months time to pay off the entire amount due, the said Writ Appeal was disposed of, directing the petitioner to satisfy Rs.10 lakhs on or before 31.03.2014 and remit the balance on or before 30.04.2014, making it clear that if the petitioner failed to comply with the condition, the respondents would be at liberty to proceed with further steps, without any notice to the appellant.
2. The petitioner has now approached this Court because of the further steps taken by the respondent Bank under Section 14 of the Act, leading to issuance of Ext. P4 notice by the Advocate Commissioner, for getting vacant surrender premises. It is stated that the Advocate Commissioner has taken physical possession of the property. Because of the course pursued by the respondents, all the belongings of the petitioner, including the books of the children and utensils are kept locked in the building. It is in the said circumstances that the petitioner has approached this Court with the following prayers :
i) Issue a writ of mandamus or other appropriate writ or order directing the respondents to permit respondents 1 and 2 to take away the belongings of the petitioner from the property covered by Ext. P4 forthwith or within such time as this Hon'ble Court may deem fit and proper.
ii) Issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to furnish a true and correct statement of account of the loan account of the 3rd respondent to the petitioner within such time as this Hon'b;e Court may deem fit and proper in the interest of justice.
iii, Issue a writ of mandamus or other appropriate writ or order directing the respondents to permit the petitioner to clear the outstanding dues against the 3rd respondent by convenient monthly installments by waving penal interest and other charges and to repossess the property covered by Ext. P4 to the petitioner forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice; and iv. Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs.
3. The learned Counsel for the petitioner submits that the default occurred was not because of any wilful laches or deliberate negligence, but because of some unforeseen circumstances. It is however assured that the entire amount will be cleared, without fail, if some breathing time is given.
4. Heard the learned counsel for the respondent Bank, who submits that the matter has become final by virtue of Exts. P2 and P3 judgments. It is contended that since the petitioner has not effectively utilized the opportunity given by this Court twice, the interference sought to be made by way of this writ petition is not liable to be entertained.
5. After hearing both the sides, this Court finds that the petitioner is entitled to get back her personal belongings. In the said circumstances, the petitioner is set at liberty to get back the entire belongings kept in the building, which was taken over by the respondent Bank. If the petitioner approaches the concerned respondent by filing a petition to get back the belongings along with a copy of this judgment, it shall be given effect to, enabling the petitioner to take out the belongings within 24 hours, of course in the presence of the authorized officer of the respondent Bank.
The Writ Petition is disposed of.
kmd sd/-
P. R. RAMACHANDRA MENON, (JUDGE)