Kerala High Court
Kala K vs The Kerala State Co-Operative Bank Ltd. ... on 7 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 33828 OF 2024
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2024:KER:83385
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 33828 OF 2024
PETITIONER:
KALA K,
AGED 47 YEARS
W/O. (LATE) MOHANAKUMAR C, “MATHA”, PAKALOOR,
PALLICHAL P.O., THIRUVANANTHAPURAM, PIN - 695020
BY ADVS.
GIRISH KUMAR M S
AKASH S.
ADITHYA RAJEEV
RICHU THERESA ROBERT
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE BANK LTD. (KERALA BANK),
REGIONAL OFFICE, EAST FORT, FORT P.O.,THIRUVANANTHAPURAM,
REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 695023
2 THE BRANCH MANAGER,
THE KERALA STATE CO-OPERATIVE BANK LTD. (KERALA
BANK),KALLIYOOR BRANCH, NEAR PANCHAYAT OFFICE, KALLIYOOR
P.O., THIRUVANANTHAPURAM, PIN - 695042
BY ADV THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33828 OF 2024
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2024:KER:83385
JUDGMENT
Dated this the 7th day of November, 2024 The present Writ Petition has been filed seeking the following prayers:
i. Issuing a writ of mandamus or any other writ, order or direction, directing the respondents to permit the petitioner to clear off the outstanding amount in relation to Loan Account No. MOD.020586012930041 in 30 equal monthly instalments and thereby regularise the loan account;
ii. dispensing with the English translation of Exts. P2 and P4 documents which are in vernacular language i.e, Malayalam; and iii. granting such other reliefs as this Hon'ble Court may deem fit and proper in the nature and circumstances of this case.
2. This Court passed an interim order on 27.09.2024, which would read as under:
"2. The petitioner's husband had obtained cash credit facility form the respondent bank. The petitioner's husband has defaulted in making repayment of the loan taken from the respondent bank. Therefore, the bank after classifying the loan account as NPA, has proceeded under the provisions of the SARFAESI Act and Rules made thereunder. As on 31.12.2023, the total outstanding amount in respect of the loan was Rs.14,16,000/-. The WP(C) NO. 33828 OF 2024 3 2024:KER:83385 petitioner's husband is no more. The petitioner is facing threat of being dispossessed from the property mortgaged with the bank.
3. The learned counsel for the bank submits that if the petitioner is willing to discharge the liability and to show her bonafide, the petitioner would pay an amount of Rs.2,00,000/- on or before 07.10.2024 and Rs.3,00,000/- on or before 30.10.2024 and remaining outstanding amount along with future interest in few instalments as this Court may direct.
4. Considering the aforesaid submissions advanced on behalf of the bank, the petitioner is directed to pay Rs.2,00,000/- on or before 07.10.2024. Subject to making payment of Rs.2,00,000/- on or before 07.10.2024, the bank shall not be dispossessed the petitioner from the secured asset, till the next date of posting of this writ petition."
3. The petitioner has complied with the said interim order and paid Rs.5,00,000/-. The learned counsel for the petitioner submits that he will pay the balance outstanding in few instalments as this Court may direct.
4. The learned counsel for the bank does not have any objection in accepting the liability in respect of the balance outstanding amount in instalments.
5. Considering the aforesaid stand of the parties, the present writ petition is disposed of in the following terms:
WP(C) NO. 33828 OF 2024 4 2024:KER:83385 i. The petitioner shall pay the remaining outstanding amount in 12 equal monthly instalments. The 1st instalment is to be paid on or before 30.11.2024, and the next instalment is to be paid on 07.12.2024. The remaining 10 instalments are to be paid on or before the 7 th day of each succeeding month.
ii. In case of failure to make payment of 1 st instalment or any subsequent instalments as directed above, the bank shall be free to proceed with SARFAESI proceedings against the petitioner for realizing the outstanding loan amount.
With the aforesaid directions, the present writ petition stands finally disposed of.
Sd/-
D. K. SINGH JUDGE AP WP(C) NO. 33828 OF 2024 5 2024:KER:83385 APPENDIX OF WP(C) 33828/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COVID DEATH REPORTING CERTIFICATE OF THE PETITIONER'S HUSBAND DATED 27/05/2021 Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND DATED 22/06/2021 Exhibit P3 TRUE COPY OF THE UNDATED DEMAND NOTICE SENT BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE DATED 13/12/2023 ISSUED BY THE 1ST RESPONDENT BANK ALONG WITH ITS ENGLISH TRANSALATION