KOCHI: In an unusual turn of events, a loan default case has taken a feline twist. The Kerala High Court was informed that a pet cat belonging to Muhammed Nishad of Cherthala remains trapped inside his house, which was recently taken over by the State Bank of India after loan recovery proceedings. Taking note, the court directed the bank to verify the claim and, if true, ensure that the stranded pet is returned to its owner without delay.
The court issued the order on a petition Nishad filed, seeking to stay all proceedings against his residence and give back its possession. The petitioner, along with his wife, had availed a loan from the bank. As security, the applicant mortgaged a property in his name. However, on default of repayment of the loan amount, the bank initiated proceedings against him under the SARFAESI Act.
Though the petitioner requested the bank to provide a chance to repay the loan amount, the authorities concerned did not consider the request. Subsequently, the bank approached the magistrate court and it appointed an advocate commissioner to take possession of the property.
Challenging this, Nishad approached the HC, which asked him to remit `7.5 lakh towards loan liability. The petitioner’s counsel, P T Sheejish, submitted that due to severe financial hardship, the petitioner was unable to fully comply with the directions.
The petitioner contended that his children have not attained the age of majority and are going to school. Their study materials, other belongings, and their pet cat were inside the house being attached, he said. Though Nishad had requested the Debt Recovery Tribunal, Ernakulam, to extend the stay on the coercive proceedings, the tribunal declined as he could not pay the full conditional amount on time.
The court passed an interim order stating, “On the submission that though the bank has taken possession of the secured asset, a cat belonging to the petitioner is trapped inside the house, and accordingly, permission for urgent moving was granted. In view of the submission, there will be a direction to the bank to verify the correctness of the submission and, if true, ensure that the pet is handed over to the petitioner without delay.”
The court will hear the matter on October 6.