Kerala High Court
Meera.P vs State Bank Of India on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 15943 OF 2024
PETITIONER:
MEERA.P,
AGED 62 YEARS
W/O LATE MYCLE, PRIYA NIVAS, AZHIYUR,
KOZHIKODE DISTICT-673 309
BY ADVS.
U.K.DEVIDAS
K.K.ANILRAJ
RESPONDENTS:
1 STATE BANK OF INDIA,
RASMECCC, FORT ROAD,
KANNUR, DISTRICT-670 001,REPRESENTED BY
ITS AUTHORIZED OFFICER (CHIEF MANAGER)
2 STATE BANK OF INDIA,
MAHE BRANCH, P.B. NO 3,
LAKSHMI BUILDINGS, MAIN ROAD,
OPP.POLICE STATION-673 310,
REPRESENTED BY ITS BRANCH MANAGER.
BY SRI.JITHESH MENON, SC FOR SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15943 OF 2024
2
JUDGMENT
The petitioner has availed a housing loan from the respondent - Bank on 14.07.2015. Since the petitioner committed default in repayment, the respondent initiated steps under the provisions of the 'Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002' (SARFAESI Act for short). Aggrieved by the same, the petitioner has filed this writ petition.
2. When this matter was called today, learned Standing Counsel for the respondent - Bank submitted that, if the petitioner is interested, she can be allowed to pay off the overdue amount in her loan account in installments, so that the said account can then be regularised. He submitted that the overdue in the Loan Account of the petitioner, as on 19.04.2024, is Rs.1,66,629/-; and that if this Court is so inclined, the petitioner can be allowed to pay off the said amount in not more than 8 instalments, provided she pays the same along with regular EMIs without default.
3. Sri.U.K.Devidas - learned counsel for the petitioner, submitted that his client accepts the afore and prays that this Writ Petition be so ordered.
WP(C) NO. 15943 OF 2024 3
4. Taking note of the afore submissions, I allow this Writ Petition and permit the petitioner to pay off the overdue amount of Rs.1,66,629/- as on 19.04.2024, along with all applicable charges and interest, in 8 equal monthly instalments, commencing from 10.05.2024. These payments shall be made along with the regular EMIs, without any default in either of them.
Needless to say, if the overdue amount is paid by the petitioner as afore, her account will stand regularised; but should she default in payment of two consecutive instalments, as ordered by this Court, or any of the regular EMIs, then the benefit of this judgment will be lost to her; and necessary recovery action can be continued against her, without the Bank having to obtain any further orders from this Court.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE rp WP(C) NO. 15943 OF 2024 4 APPENDIX OF WP(C) 15943/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 5.1.2024 ISSUED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE NOTICE DATED 22.2.2024 ISSUED BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE NOTICE DATED 4.3.2024 IN C.M.P. NO 268 OF 2024 BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE ISSUED BY ADVOCATE COMMISSIONER TO THE PETITIONER Exhibit P4 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 8.4.2024 ISSUED BY THE SECOND RESPONDENT