IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 17989 OF 2022
PETITIONER:
SHAJU A. T.
AGED 52 YEARS, S/O.BASHEER A.T., A.T.HOUSE,
PANNIYANKARA AMSOM AND DESOM, GOVERNMENT ARTS COLLEGE,
KOZHIKODE DISTRICT, PIN- 673 018.
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
M.P.PRIYESHKUMAR
NEETHU C.V.
RESPONDENTS:
1 AUTHORISED OFFICER / CHIEF MANAGER
BANK OF BARODA, REGIONAL OFFICE, COURT VIEW ARCADE,
COURT ROAD, KOZHIKODE DISTRICT, PIN - 673 004.
2 BRANCH MANAGER
BANK OF BARODA, RAMANATTUKKARA BRANCH, APPLE SQUARE
BYEPASS ROAD, RAMANATTUKARA CALICUT, KERALA - 673 633.
OTHER PRESENT:
SMT. R REMA (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.17989/2022 -2-
JUDGMENT
Petitioner has approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the Securitisation Act) for recovery of the amounts due upon two loans availed by the petitioner.
2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the outstanding amount in instalments.
3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the outstanding amount is Rs.5,54,688/- as on 31-05-2022. It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the outstanding amount in limited instalments.
4. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondents.
5. Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in ten (10) instalments.
6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.5,54,688/- along with bank charges from the petitioner on the following conditions:
(i) The outstanding amount of Rs.5,54,688/-together with any accured interest/costs shall be repaid in ten (10) equated monthly instalments.W.P (C) No.17989/2022 -3-
(ii) The first instalment shall be paid on or before 30-06-2022 and subsequent instalments shall be paid on or before 30 th of every succeeding month.
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.
(iv) In order to enable the petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE AMG W.P (C) No.17989/2022 -4- APPENDIX OF WP(C) 17989/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE RECEIVED FROM THE ADVOCATE COMMISSIONER DATED 21/05/2022.