Kerala High Court
Shakuntala. S vs Axis Bank on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 16440 OF 2021
PETITIONER:
SHAKUNTALA. S, AGED 42 YEARS
W/O MOHANDAS, MOHANAM, NEAR PALAVILA UPS,
CHIRAYAINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695 304.
BY ADV P.ANOOP (MULAVANA)
RESPONDENTS:
1 AXIS BANK, KILLI TOWERS, NEAR PRS HOSPITAL, KILLIPALAM,
KARAMANA, THIRUVANANTHAPURAM-695 002,
REPRESENTED BY ITS BRANCH MANAGER
2 THE AUTHORIZED OFFICER, AXIS BANK, KILLIL TOWERS,
NEAR PRS HOSPITAL, KILLIPALAM,KARAMANA,
THIRUVANANTHAPURAM-695 002.
SRI. P. PAULOCHAN ANTONY - SC
SRI.SUNIL KUMAR S - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 16440/21
2
JUDGMENT
The petitioner has approached this Court with
a singular plea that the respondent-Bank be
directed to grant her the facility of paying the
overdues in a loan facility, availed of by her, in
monthly instalments.
2. However, the learned Standing Counsel for
the Bank - Sri.Sunil Kumar, submitted that the
petitioner had already been granted a six month
moratorium last year and therefore, that if she
wants to pay off the overdues, she can only be
granted eight instalments and no more. He then
added that the overdue in the loan account is
Rs.3,33,625/- as on today and expressed the
concern of the Bank in granting relief, by saying
that the petitioner appears to have approached the
Honourable Chief Minister of Kerala through a
complaint, on which action has already been taken.
3. On hearing the learned Standing Counsel as
WPC 16440/21
afore, I asked Sri.P.Anoop - learned counsel for
the petitioner, why the factum of his client
having approached the Honourable Chief Minister
was not disclosed in this Writ Petition. He
submitted that he was not aware of same and
expressed apologies for this omission; adding that
he has been instructed by his client that she will
not press the complaint made before the Honourable
Chief Minister any further, in view of the fact
that she has approached this Court for indulgence.
Taking note of the afore submissions, I allow
this writ petition, recording the undertaking of
Sri.P.Anoop with respect to the complaint filed by
his client before the Honourable Chief Minister;
thus allowing the petitioner to pay the overdue of
Rs.3,33,625/- as on today, along with all
applicable charges and interest, in eight equal
monthly instalments, commencing from 15.09.2021.
Needless to say, as long as the petitioner
continues to pay the instalments as ordered above,
WPC 16440/21
all action against her, under the provisions of
the Securitisation and Reconstruction of Financial
Assets and Enforcement of Securities Interest
Act shall stand deferred; however, clarifying that
if she commits default of any of the instalments,
the Bank will be at liberty to continue further
action from the stage at which it is available
today, without any further orders from this Court.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 16440/21
APPENDIX OF WP(C) 16440/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 20.4.2021
