Chandralekha S vs The Authorized Officer
2021 Latest Caselaw 6608 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       WP(C).No.4866 OF 2021(G)


PETITIONER:

              CHANDRALEKHA S.
              AGED 47 YEARS
              W/O.RAJEEV, TC 22/210(1), KATTACKKAL VEEDU, ATTUKAL,
              MANACAD P.O., THIRUVANANTHAPURAM DISTRICT.

              BY ADVS.
              SRI.SHAJIN S.HAMEED
              SHRI.MELWIN BYJU

RESPONDENT:

              THE AUTHORIZED OFFICER
              ASSISTANT GENERAL MANAGER, KARAMANA CO-OPERATIVE
              URBAN BANK LTD. NO.1761, KARAMANA P.O.,
              THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 002.


OTHER PRESENT:

              SC-SRI. R.S.KALKURA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4866 OF 2021(G)

                                   2

                                JUDGMENT

Dated this the 24th day of February 2021

Heard both sides.

2. The learned counsel for the petitioner argued that the

petitioner has availed Home Loan from the respondent and she could

not repay the same by instalments. The petitioner therefore, wants to

clear the entire overdue amount of the loan in suitable instalments.

3. The learned counsel for the respondent opposed the

petition by contending that the overdue amount is Rs.3,44,129/- and

it should be cleared in two or three instalments.

4. Perusal of the petition shows that the petitioner is a tailor

by profession. She had lost vision of her eye due to high diabetes. As

such, she could not run her tailoring unit. The respondent is interested

in recovery of the loan as seen from the argument of the learned

counsel for the respondent. Hence, the petition can be disposed of

with the following direction.

5. The petitioner to deposit the amount of Rs.50,000/- by the

end of March 2021 for repayment towards overdue amount of loan.

She should pay balance overdue amount along with other charges in

twelve equated successive monthly instalments commencing from

08/04/2021 apart from payment of regular EMIs. If the petitioner WP(C).No.4866 OF 2021(G)

complies with this direction, then the respondent should keep the

coercive action initiated against the petitioner under the SARFAESI Act

in abeyance. A single default in complying with this 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 in complying with this direction.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.4866 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE ORDER DATED 20.02.2020 IN MC NO.169/2020 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 PHOTOCOPY OF THE NOTICE DATED 30.01.2021 ISSUED BY THE ADVOCATE COMMISSIONER AND ENGLISH TRANSLATION.