Thankamany. L vs State Bank Of India
2021 Latest Caselaw 2047 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.1442 OF 2021(E)


PETITIONER:

               THANKAMANY. L
               AGED 55, W/O.REGHU, REJI BHAVAN, KATTACHAL,
               KANDALA POST, THIRUVANANTHAPURAM, PIN-695 512.

               BY ADVS.
               SRI.R.SURAJ KUMAR
               SRI.SUNIL J.CHAKKALACKAL
               SMT.N.G.SINDHU
               SMT.ANJANA R.S.

RESPONDENTS:

      1        STATE BANK OF INDIA
               REPRESENTED BY ITS CHIEF MANAGER (AUTHORIZED
               OFFICER), RAMSEC/R.A.C.P.C-4, HOUSING BOARD JUNCTION,
               THIRUVANANTHAPURAM, PIN-695 001.

      2        THE BRANCH MANAGER
               STATE BANK OF INDIA, KATTAKKADA BRANCH,
               THIRUVANANTHAPURAM DISTRICT, PIN-695 572.


OTHER PRESENT:

               SRI. M.JITHESH MENON, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.1442/2021                2


                              JUDGMENT

Dated this the 19th day of January 2021

By this writ petition, the petitioner is seeking a direction to

the respondent-Bank to permit her to repay the overdue amount

in instalments and to regularise the loan account and also to keep

all coercive proceedings for recovery of possession in abeyance.

2. Learned counsel for the petitioner submits that the

petitioner is not challenging any action initiated under the

SARFAESI Act. But she is willing to clear off the overdue amount

of housing loan in six equated monthly instalments.

3. Learned Standing Counsel appearing for the Bank has no

objection for this course of action for recovery of the overdue

amount of loan but he submits that there should be regular

payment of EMIs also.

4. Having heard both sides as well as keeping in mind the

ground raised by the petitioner regarding loss of shelter, this writ

petition is disposed of with the following directions:

The petitioner to clear the entire overdue amount of loan in

six equated successive monthly instalments commencing from

01.02.2021 apart from payment of regular EMIs. If this direction

is followed, then respondents shall keep all coercive proceedings

for recovery of possession in abeyance. However, if the above

direction is breached, respondents can continue the coercive

proceedings under the SARFAESI Act. Considering the peculiar

situation in which this order is passed, no further extension of

time either to pay the instalments of overdue amount or EMI shall

be granted to the petitioner in any proceedings.

This writ petition is disposed of as above.

Sd/-

A.M.BADAR

JUDGE

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 3.12.2019.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 18.9.2020 IN M.C. NO.479/2020 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 4.1.2021 AND TRANSLATION.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 8.1.2021 AND TRANSLATION.

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

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