Jamalu.N.P vs State Bank Of India
2021 Latest Caselaw 1263 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                       WP(C).No.2023 OF 2020(C)


PETITIONER:

              JAMALU.N.P
              AGED 54 YEARS
              NARATH PADINJARAYIL, KADAVANAM P.O, PONNANI SOUTH,
              MALAPPURAM-679 579

              BY ADVS.
              SMT.E.V.MOLY
              SHRI.ROHAN BABU JOSEPH

RESPONDENT:

              STATE BANK OF INDIA
              MALAPPURAM BRANCH, REGIONAL BUSINESS OFFICE,
              MALAPPURAM 676 519, REPRESENTED BY ITS AUTHORIZED
              OFFICER.


OTHER PRESENT:

              SC- SRI. VIJU ABRAHAM

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2023 OF 2020(C)

                                   2

                             JUDGMENT

Dated this the 13th day of January 2021

Heard both sides.

2. The petitioner has taken one Housing Loan amounting to

Rs.8,00,000/- in 2011-2012 and another House Improvement Loan of

Rs.4,00,000/- in 2015-2016. By this petition, he praying for directing

the respondent Bank to regularize the loan account by granting

reasonable time to pay overdue arrears.

3. The learned counsel for the petitioner argued that the

petitioner was working as a driver in the Gulf Countries and because of

heart ailments, he was required to take leaves. He is having

daughters of marriageable age and he is willing to settle the loan

account by paying overdue account in reasonable installments.

4. The learned standing counsel appearing for the bank

submits that as of now, an amount of Rs.1,78,000/- is overdue in the

loan account and if the said amount is cleared within three months,

along with payment of EMIs, the Bank is willing to settle the matter.

5. The learned counsel for the petitioner agreed to clear the

overdue amounts of loan in five equated monthly installments along

with payment of regular EMIs.

WP(C).No.2023 OF 2020(C)

6. Considering the fact that the petitioner is a heart patient

having daughters of marriageable age, as well as bonafides shown by

him by expressing his willingness to repay the overdue amount of

loan, as well as the fact that the petitioner has also deposited an

amount of Rs.2,00,000/- during pendency of the writ petition, the

petition is disposed of with the following directions.

a. The petitioner to clear the entire overdue amount of loan in

five equated monthly installments and to continue to pay regular

EMIs.

b. If the petitioner pays the entire overdue amounts in five

equated monthly installments commencing from 10.02.2021 along

with payment of the regular EMIs, the respondent Bank shall keep the

proceedings under the SARFAESI in abeyance. Failure to adhere to the

directions so given, shall entail the recommencement of SARFAESI

proceedings and no further request for grant of further installments

shall be entertained.

This writ petition is accordingly closed.

Sd/-

                                                 A.M.BADAR

Nsd                                                JUDGE
//true copy//
PA to Judge
 WP(C).No.2023 OF 2020(C)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE FINAL REPORT OF ISSUED
                     FOR PETITIONERS TREATMENT.

EXHIBIT P2           THE TRUE COPY OF POSSESSION NOTICE DATED
                     29.11.2019