Kerala High Court
Nirmala vs The Thiruvananthapuram ... on 15 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.756 OF 2021(T)
PETITIONER:
NIRMALA
AGED 52 YEARS
D/O. MARIYAMMA, TC. 47/117 (NEW TC 69/232),
NEAR MADHUVAM, POONTHURA POST,
THIRUVANANTHAPURAM - 695 026.
BY ADVS.
SRI.G.SUDHEER
SRI.R.HARIKRISHNAN (H-308)
RESPONDENT:
THE THIRUVANANTHAPURAM CO-OPERATIVE URBAN BANK LTD
HEAD OFFICE, P.B. NO. 15, M.G. ROAD,
THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS
AUTHORIZED OFFICER/ GENERAL MANAGER.
SMT. NISHA GEORGE, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.756 OF 2021(T)
2
JUDGMENT
Dated this the 15th day of January 2021
Heard the learned counsel for the petitioner. Though,
the learned counsel for the petitioner submits that the
petitioner is not challenging the action taken by the secured
creditor under the SARFAESI Act, virtually the petitioner is
impugning the SARFAESI action in this petition. The secured
assets are put to sale on 20.01.2021.
2. When this Court was not willing to entertain the
petition in the light of judgment of the Hon'ble Apex Court in
the matter of Authorized Officer, State Bank of India,
Travencore Vs. Mathew K.C reported in ((2018) 3
Supreme Court Cases 85)(DB), the learned counsel for the
petitioner submitted that the petitioner only wants installments to
pay off the outstanding amount of loan taken by him as House
Maintenance Loan and he wants to clear the outstanding amount
of cash credit facility to which, he was a guarantor.
3. The learned counsel for the respondent submits that if
substantial amount is deposited with the respondent in the wake
WP(C).No.756 OF 2021(T)
of ensuing auction scheduled on 20.01.2021, the respondent
shall consider keeping in abeyance, the action under the
SARFAESI Act.
4. Considering the submissions so made and keeping in
mind, willingness on the part of the petitioner to clear the
amount of loan as well as overdue amount of house maintenance
loan in equated monthly installments, the following order.
a. The petitioner to deposit an amount of
Rs.10,00,000/- (Rupees Ten Lakh Only) with the respondent
Bank on or before 19/01/2021. The petitioner to pay entire
outstanding overdue amount of house maintenance loan so
also the balance amount of loan availed as cash credit
facility in 12 equated monthly installments starting from
10.02.2021. The petitioner to pay regular EMI of House
Maintenance Loan apart from the above directions.
b. If the petitioner complies these directions, the
respondent Bank shall keep the action under SARFAESI Act
in abeyance. Failure to adhere to these directions shall
authorize the respondent Bank to continue the action under
the SARFAESI Act.
WP(C).No.756 OF 2021(T)
c. It is made clear that as in peculiar circumstance,
this relief is granted to the petitioner, no further application
for extension of time either to deposit amount of
Rs.10,00,000/- (Rupees Ten Lakh Only) or for depositing the
equated monthly installments as well as the EMI shall be
entertained.
The writ petition is accordingly disposed of.
Sd/-
A.M.BADAR
Nsd JUDGE
WP(C).No.756 OF 2021(T)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AUCTION SALE NOTICE UNDER
RULE 6(2) & 8(6) OF THE SECURITY INTEREST
(ENFORCEMENT), RULES 2002 WITH NO. 361/20-
2021 DATED 14.12.2020.
EXHIBIT P2 TRUE COPY OF AUCTION SALE NOTICE NO.
362/20-21 ISSUED BY THE RESPONDENT BANK TO
THE PETITIONER DATED 14.12.2020.
RESPONDENT'S EXHIBITS: NIL.
True Copy
P.S to Judge
Nsd
