Kerala High Court
Sainaba A P K vs The Branch Manager on 30 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
WP(C) NO.16682 OF 2024
PETITIONER/S:
SAINABA A P K,
AGED 71 YEARS, W/O ABDUL RAHIMAN,
ANAKKARAN PUTHIYA PURAYIL, KIZHAKKEPEEDIKAYIL,
AMATHALA, PETTIKUNDU P O,
KASARAGOD, PIN- 671 313.
BY ADVS.
AMRUTHA DIWAKAR
SAIRA SOURAJ P.
RESMI SAJEEVAN
RESPONDENT/S:
1 THE BRANCH MANAGER,
KERALA GRAMIN BANK, CHEEMENI BRANCH,
P O CHEEMENI, KASARAGOD, PIN - 671 313.
2 AUTHORIZED OFFICER,
KERALA GRAMIN BANK, CHEEMENI BRANCH,
P O CHEEMENI, KASARAGOD, PIN - 671 313.
OTHER PRESENT:
SRI.JAWAHAR JOSE-STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.16682 OF 2024
2
JUDGMENT
The petitioner is challenging the recovery proceedings initiated against her under the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner has availed a credit facility from the respondents Bank and consequent to the default committed by her in repaying the amount, the said account is declared as NPA. Accordingly, recovery proceedings have been initiated which is impugned in this writ petition.
2. Heard Smt. Amrutha Diwakar, the learned counsel for the petitioner and Sri. Jawahar Jose, the learned Standing Counsel for the respondents.
3. The learned counsel appearing for the Bank submits that as on date, an amount of Rs. 11,40,929/- is overdue in the loan. It is submitted by the learned counsel for the Bank upon instructions that, they are amenable for granting an opportunity to the petitioner to regularise the loan account by paying the entire instalment overdue along with interest in reasonable monthly instalments.
WP(C) NO.16682 OF 2024 3
4. In such circumstances, this writ petition is disposed of granting an opportunity to the petitioner to regularise the loan account by paying the instalment overdue as mentioned above along with interest due thereon in 12 equal monthly instalments commencing from 01.06.2024 onwards. The subsequent instalments shall be paid by the petitioner on 5 th day of every succeeding months. Along with the aforesaid payment, regular monthly instalment shall also be paid. In case of default on the part of the petitioner in payment of any of the instalments including regular monthly instalments, the aforesaid facility shall stand cancelled, upon which the Bank will be at liberty to proceed with the recovery proceedings. Subject to the above direction, the recovery proceedings against the petitioner is directed to be kept in abeyance.
Sd/-
DR. KAUSER EDAPPAGATH, JUDGE S.M.K. WP(C) NO.16682 OF 2024 4 APPENDIX PETITIONER'S EXHIBITS Exhibit-P1 A TRUE COPY OF THE SALE NOTICE DATED 22/8/2024 ISSUED BY THE 1ST RESPONDENT