Suma G.P vs Syndicate Bank
2021 Latest Caselaw 11678 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.8695 OF 2021(J)


PETITIONER:

              SUMA G.P.
              AGED 42 YEARS
              T.C.53/577,SIVAKRIPA,ARUVACODE,
              THIRUVANANTHAPURAM DISTRICT-695501.

              BY ADVS.
              SRI.V.MAHENDRANATH
              SRI.P.T.SHEEJISH

RESPONDENT:

              SYNDICATE BANK
              REPRESENTED BY THE AUTHORISED OFFICER,
              REGIONAL OFFICE,FLOOR-II,
              CARMEL TOWERS,OPP-COTTON HILL SCHOOL,VAZHUTHAKKADU,
              THIRUVANANTHAPURAM-695014.


OTHER PRESENT:

              SRI. R.S.KALKURA, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.8695/2021                2


                             JUDGMENT

Dated this the 9th day of April 2021

Heard both sides.

2. The petitioner had availed loan of Rs.20 lakhs in the year

2015 from the respondent-Bank but she failed to repay the same

timely. The petitioner wants to regularise the loan account by

paying overdue amount.

3. Learned counsel for the petitioner submits that the

overdue amount is about Rs.4,92,431/- and it can be cleared by

the petitioner in five instalments.

4. As the respondent is willing to grant the facility of

instalments to the petitioner, this writ petition is disposed of with

the following directions:

The petitioner to clear the entire overdue amount in five

equated successive monthly instalments commencing from

19.04.2021. In addition, the petitioner should also pay the EMIs

regularly. If the petitioner complies with these directions, then the

respondent shall keep coercive action under the SARFAESI Act

initiated against the petitioner in abeyance. A single default on the

part of the petitioner in compliance with these directions shall

entail the respondent to continue with the coercive action initiated

against the petitioner. No further extension of time shall be

granted to the petitioner for compliance with these directions.

Sd/-

A.M.BADAR

JUDGE

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 20.03.202O ON M.C.426/2020 OF THE COURT OF CHIEF JUDICIAL MAGISTRATE,THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 10.03.2021 ISSUED BY THE COMMISSION ADVOCATE WITH ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

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