Anitha Vijayan vs The Manager
2021 Latest Caselaw 5783 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.2296 OF 2021(J)


PETITIONER:

               ANITHA VIJAYAN
               AGED 44 YEARS
               W/O.VIJAYAKUMAR, THADAYIL HOUSE, KUMBAZHA P.O.,
               PATHANAMTHITTA DISTRICT, PIN-689653.

               BY ADVS.
               SRI.PRATHEESH.P
               SMT.S.REKHA KUMARI
               SMT.S.SEETHA
               SMT.ANJANA KANNATH

RESPONDENTS:

      1        THE MANAGER
               KERALA STATE CO-OPERATIVE BANK, COLLEGE ROAD,
               VILAVINAL, RAJ TOWERS, PATHANAMTHITTA-689645, NOW
               KNOWN AS THE KERALA BANK.

      2        THE AUTHORISED OFFICER,
               KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE,
               OVER BRIDGE, THIRUVANANTHAPURAM-695001.




               SC- SRI GILBERT GEORGE CORREYA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2296 OF 2021(J)

                                      2

                                JUDGMENT

Dated this the 17th day of February 2021

Heard both sides.

2. Learned counsel for the petitioner submits that the

petitioner who has lost possession of her residential house is willing to

clear the overdue amount in six instalments apart from continuing to

pay the regular EMI. He, therefore, submits that the possession of the

house may be handed over to the petitioner by regularizing the loan.

2. The learned counsel for the respondents opposed this

petition by contending that as on 31.01.2021, the overdue amount of

loan is Rs.5,82,180/- and by following the provisions of the SARFAESI

Act, the possession of the secured asset has been taken. However the

learned counsel for the respondents further submits that in case, the

entire overdue amount is cleared and the petitioner shows diligence in

paying the instalments of the loan, the respondents may consider

handing over possession of the secured assets to the petitioner.

3. After considering the submissions so advanced and on

perusal of the materials placed before me, the petition is disposed of

with the following direction:

4. The petitioner to clear the entire overdue amount apart

from other charges up to date, in six equated monthly instalments WP(C).No.2296 OF 2021(J)

commencing from 01.03.2021. In addition, the petitioner should also

pay regular EMIs. If this condition is followed and the entire overdue

amount is cleared, the loan advanced in favour of the petitioner be

regularized by the respondents and on such regularization, as long as

the petitioner pays instalments regularly, possession of the secured

asset be handed over to the petitioner. In case of single default, the

respondent shall be free to continue further with the action taken by

them under the SARFAESI Act against the petitioner.

No further extension of time in complying with this direction shall

be granted to the petitioner.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.2296 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT U/S 13(2) OF SARFAESI ACT DATED 08.12.2017 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P2 TRUE COPY OF THE TENDER NOTICE ISSUED BY THE 2ND RESPONDENT DATED 11.02.2019.