Chandrahasan.P vs Authorised Officer
2021 Latest Caselaw 4312 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.2662 OF 2021(G)


PETITIONER:

               CHANDRAHASAN.P
               AGED 45 YEARS
               S/O.PARAMU.M., CHANDRAVILASAM, PANAPPETTY, PORUVAZHI
               P.O., KOLLAM-690 520.

               BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

RESPONDENTS:

      1        AUTHORISED OFFICER
               KERALA GRAMIN BANK, REGIONAL OFFICE, KGB TOWERS,
               BAKERY JN., THIRUVANANTHAPURAM-695 001.

      2        BRANCH MANAGER,
               KERALA GRAMIN BANK, BHARANIKKAVU BRANCH, KOLLAM
               DISTRICT.




               SC-JAWAHAR JOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2662 OF 2021(G)

                                    2

                             JUDGMENT

Dated this the 5th day of February 2021

Heard both sides.

2. Learned counsel for the petitioner argued that the petitioner

is not challenging the action taken by the secured creditor under the

SARFAESI Act, but he wants to clear the overdue amount apart from

regular payment of EMIs.

3. Learned counsel for the respondents submits that the

overdue amount of Housing Loan taken by the petitioner is

Rs.5,07,588/- and the petitioner is having with him, 14 years to repay

the loan. However, he has committed default and therefore the entire

loan is recalled by issuing demand Notice under Section 13(2) of the

SARFAESI Act. The learned counsel for the respondents however

submitted that the respondents will take sympathetic view if 1/3 rd of

the overdue amount is paid by the petitioner by the end of March,

2021 and the remaining amount is cleared in some installments apart

from regular payment of EMI.

4. In this view of the petition is disposed of with the following

order.

5. The petitioner to clear 1/3 rd of the overdue amount of

Rs.5,07,588/- by depositing the same with the respondent by the end WP(C).No.2662 OF 2021(G)

of March 2021. The petitioner to clear of the balance of the overdue

amount in five equated monthly installments commencing from

09/04/2021. The petitioner to pay regular EMIs. If this directions are

followed, then the respondents shall keep the coercive action under

the SARFAESI Act in abeyance. A single default by the petitioner shall

entail the respondents to continue with the SARFAESI action taken

under the SARFAESI Act. It is made clear that, as the prayer made by

the petitioner is virtually granted, no further extension of time to

comply with this order shall be granted to the petitioner.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.2662 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DISABILITY CERTIFICATE OF PETITIONERS SON ISSUED BY THE MEDICAL BOARD.

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 02.12.2020 WITH TRANSLATION.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE CHIEF MANAGER KERALA GRAMIN BANK DATED 04.01.2021 WITH TRANSLATION.

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 13(2) OF THE SARFAESI ACT.