Archana vs The Authorised Officer

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                          WP(C) NO. 7588 OF 2022
PETITIONER:

       1          ARCHANA
                  AGED 34 YEARS
                  D/O SURENDRAN S, VILAYIL KIZHAKKATHIL, MARU
                  SOUTH, ALUMKADAVU P O, KARUNAGAPPALLY, KOLLAM-
                  690573.

                  BY ADV M.R.SASITH


RESPONDENT/

                  1.  THE AUTHORISED OFFICER
                      KERALA GRAMIN BANK, KARUNAGAPPALLY BRANCH,
                      ALUMKADAVU ROAD, KARUNAGAPPALLY-690518.
2



                  2.   VINOD KUMAR
                       S/O THANKAPPAN, ATTUPURATHU, PADA NORTH,
                       KARUNGAPPALLY P O, KOLLAM-690518.
                   ADV.M.GOPIKRISHNAN NAMBIAR - SC FOR R1
           THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION          ON   09.06.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.7588 of 2022         :2:



                          JUDGMENT

Dated this the 9th day of June, 2022 The petitioner, who is the wife of one Mr.Vinod Kumar, has approached this Court seeking to direct the 1 st respondent to grant 12 monthly instalments facility to pay the entire defaulted arrears and to keep in abeyance all coercive proceedings under Ext.P2.

2. The petitioner states that she availed a housing loan from the 1st respondent-Bank. The loan amount was Rs.7 lakhs. The petitioner's husband is residing abroad as part of his job and he is not in a position to come to India. The repayment of the housing loan was defaulted and the Bank has initiated coercive proceedings as per Ext.P2. The petitioner is ready and willing to clear off the outstanding arrears, provided the petitioner is given a breathing time. Any proceedings to take possession of the land from the petitioner will put the petitioner into untold hardship and misery.

3. The Standing Counsel for the 1 st respondent Bank submitted that the total outstanding amount due from the petitioner is more than Rs.10 lakhs. The overdue arrears as on date would itself come to Rs.3,06,371/-. The petitioner has deliberately committed defaults in making the repayments.

4. In such circumstances, the 1 st respondent had no other go than to proceed under the SARFAESI Act. Therefore, the 1st respondent initiated Ext.P2 proceedings. Ext.P2 proceedings are not liable to be interfered with by this Court. The Standing Counsel for the 1 st respondent, however, submitted that if the petitioner is ready and willing to clear off the entire arrears, a breathing time can be granted to the petitioner, provided the petitioner continues to pay the arrears in equal monthly instalments promptly.

5. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

6. The petitioner had availed a housing loan of Rs.7 lakhs. From the pleadings, it appears that the petitioner has W.P.(C) No.7588 of 2022 :4: been making remittances regularly during the initial period. Subsequently, due to certain reasons, the instalments were defaulted. Now, the 1st respondent has initiated proceedings as discernible from Ext.P2.

7. In view of the submissions made at the Bar, this Court is of the view that the petitioner can be given a reasonable time to clear off the outstanding liabilities. In the circumstances of the case, the writ petition is disposed of with the following directions:

1) The petitioner shall remit an amount of Rs.50,000/- within one month.

2) The balance outstanding arrears along with accruing interest and other charges, if any, shall be paid in 10 equal consecutive monthly instalments thereafter.

3) The petitioner shall make the aforesaid remittances along with EMIs/regular monthly instalments.

4) If the petitioner makes the payments as directed W.P.(C) No.7588 of 2022 :5: above, the respondent shall defer coercive proceedings, if any, against the petitioner or the sureties.

5) If the petitioner makes any default in repayment as directed above, the 1st respondent will be at liberty to proceed against the petitioner, in accordance with law.

Sd/-

N. NAGARESH, JUDGE smm/13 .06.2022 W.P.(C) No.7588 of 2022 :6: APPENDIX OF WP(C) 7588/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER'S WIFE DATED 27.11.2019.

Exhibit P2 TRUE COPY OF POSSESSION NOTICE DATED 8TH JANUARY 2022 PUBLISHED IN NEWSPAPER.