IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14912 OF 2022
PETITIONER:
RATHEESH KUMAR M.G
AGED 49 YEARS
S/O.MURUKABHOOPATHY, KALIYARA VEEDU,
CHEMPAZANTHI P.O,
THIRUVANANTHAPURAM DISTRICT 695 587
BY ADV NAVEEN RADHAKRISHNAN
RESPONDENTS:
1 THE AUTHORIZED OFFICER
(UNDER SARFAESI ACT)
KERALA GRAMIN BANK LTD, CHENGOTTUKONAM BRANCH,
MANATHALA P.O, THIRUVANANTHAPURAM 680 506
2 KERALA GRAMIN BANK LTD
THE BRANCH MANAGER, VATTAPPARA P.O,
THIRUVANANTHAPURAM 695 028
BY SRI.JAWAHAR JOSE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.14912 of 2022
2
MOHAMMED NIAS. C.P.,J
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WP(C) No. 14912 of 2022
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Dated this the 29th day of April, 2022
JUDGMENT
The petitioner had availed 4 different loans from the respondent bank for Rs.2,00,000/- on 30.03.2016, Rs.2,00,000/- , Rs.2,50,000/- on 5.9.2016 and Rs.2,50,000/- on 5.9.2016 by mortgaging immovable property as security having an extent of 4.05 Ares and 4.00 Ares with residential building comprised in Sy. No.411/2014 of Block No.33 of Vembayam Village, Nedumangad Taluk, Thiruvananthapuram District. Due to the difficulties faced repayments were not made in time and the same led to proceedings for recovery against the petitioner.
2. The limited prayer of the petitioner in this writ petition is to grant instalment facility to pay the overdue amounts and to regularise the loan account.
3. The learned Standing Counsel for the respondent Bank, on instructions, submits that the outstanding amounts to the bank as on today is Rs.18,00,175/-. WP(C)No.14912 of 2022 3
4. Taking into account the averments in the writ petition and after hearing the learned counsel on either side, I deem it appropriate to grant 20 equal monthly instalment facility to the petitioner to wipe off the entire amounts due to the respondent bank.
5. In the said circumstances this writ petitions is disposed of permitting the petitioner to clear off the liability due to the respondent bank in 20 equal monthly instalments starting from 25.05.2022.
6. It is made clear that if there are two defaults committed in paying the instalments at any time, the petitioner will lose the benefit of this order and the respondent bank will be at liberty to proceed against the petitioner on the basis of the recovery proceedings already initiated.
The writ petition is disposed of.
Sd/-
MOHAMMED NIAS. C.P.,JUDGE dlK 29.4.2022 WP(C)No.14912 of 2022 4 APPENDIX OF WP(C) 14912/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT DATED 20-11-2020 Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE RESPONDENT BANK BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 13-04-2022