` IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 20224 OF 2022
PETITIONER
GEETHA KUMARY
AGED 50 YEARS
W/O.BALACHANDREN, KALLELIBHAGAM P.O.,
KARUNAGAPPALLY, NOW RESIDING AT SKD BHAVANAM,
NEAR SAKTHIKULANGARA DEVI TEMPLE, ADINADU
VILLAGE, ADINADU P.O., KARUNAGAPPALLY, KOLLAM
DISTRICT, PIN-690519.
BY ADVS.
BINU GEORGE
HEMALATHA
ARYA UNNIKRISHNAN
RESPONDENTS
1 THE AUTHORIZED OFFICER
CANARA BANK, REGIONAL OFFICE, RAMANKULANGARA,
THIRUMULLAVARAM P.O., KOLLAM DISTRICT, PIN-
691012.
2 THE BRANCH MANAGER,
CANARA BANK, KARUNAGAPPALLY BRANCH, KOLLAM
DISTRICT, PIN-690518.
SRI.M.GOPIKRISHNAN NAMBIAR (SC) R1 AND R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.20224 of 2022 :2:
JUDGMENT
Dated this the 23rd day of June, 2022 The petitioner, who has availed a housing loan for Rs.8,00,000/- and another mortgage loan for Rs.12 lakhs from the 2nd respondent, is before this Court seeking to command the respondents to regularise the loan accounts after receiving the defaulted payments from the petitioner.
2. The petitioner states that the petitioner has availed two loans from the Canara Bank. The tenure of the loan is 15 years. The petitioner has been paying regular EMIs initially. However, subsequently, due to Covid-19 pandemic and consequential loss of employment of the petitioner's husband in Gulf where he was employed, remittances were defaulted. In spite of earnest efforts taken by the petitioner, the outstanding arrears could not be cleared. In the meanwhile, the respondents have initiated coercive proceedings and steps to take possession of the petitioner's W.P.(C) No.20224 of 2022 :3: property on 24.06.2022.
3. The petitioner states that the petitioner is ready and willing to clear off the outstanding arrears in respect of both the loans, provided a breathing time is given to the petitioner. Meanwhile, if the respondents are proceeding to take possession of the property, the petitioner will be put to untold hardship and loss.
4. The Standing Counsel entered appearance on behalf of the respondents and contested the writ petition. The Standing Counsel controverted all material allegations made by the petitioner in the writ petition. It is submitted that the petitioner has defaulted in repayments of EMIs in the immediate past years. The petitioner was required to clear off the outstanding arrears a number of times. The petitioner did not yield.
5. In fact, the petitioner was issued Ext.P2 communication also offering to settle the account in the Adalat. The petitioner did not opt to avail that opportunity either. The outstanding overdue amount in respect of the W.P.(C) No.20224 of 2022 :4: petitioner's housing loan is Rs.2,76,759/- and the overdue amount in mortgage loan is Rs.10,97,997/- as on date. Unless the petitioner makes substantial payments immediately, no relief can be granted to the petitioner, contended the counsel for the respondents.
6. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
7. From the pleadings and arguments, it is discernible that the petitioner has availed a housing loan and mortgage loan when the petitioner's husband was employed in Gulf countries. Due to Covid-19 pandemic, the petitioner's husband lost employment and had to return to India and the repayments were thereupon defaulted. In the totality of the circumstances, this Court is of the view that the petitioner should be granted reasonable time to clear off liabilities.
8. In the circumstances, the writ petition is disposed of with the following directions:
W.P.(C) No.20224 of 2022 :5:
(i) The petitioner is directed to pay an amount of Rs.3 lakhs on or before 30.07.2022, out of which Rs.1 lakh shall be paid on or before 30.06.2022.
(ii) The balance amount along with accruing interest and other charges, if any, shall be paid by the petitioner in 11 equal and consecutive monthly instalments commencing immediately thereafter.
(iii) If the petitioner commits default in making the payments as directed above, the respondents will be free to proceed against the petitioner in accordance with law.
(iv) If the petitioner makes payment as directed above, Ext.P3 and any other coercive proceedings against the petitioner or sureties, will stand deferred.
(v) The petitioner shall pay regular EMIs along with aforesaid instalments promptly.
N. NAGARESH, JUDGE smm/28.06.2022 W.P.(C) No.20224 of 2022 :6: APPENDIX OF WP(C) 20224/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF RELEVANT PAGES OF PASS BOOK OF PETITIONER.
Exhibit P2 A TRUE COPY OF NOTICE DATED 24.5.2022 ISSUED BY THE RESPONDENT BANK.
Exhibit P3 A TRUE COPY OF NOTICE ISSUED BY ADVOCATE COMMISSIONER DATED 9.6.2022.