Sreeja Gireesan vs Authorized Officer
2021 Latest Caselaw 3353 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       WP(C).No.2019 OF 2021(B)


PETITIONER:

               SREEJA GIREESAN
               AGED 38 YEARS
               W/O.GIREESAN, MOOLIYAMPARAMBIL HOUSE, CHIRANGARA,
               KORATTI EAST P.O., THRISSUR DISTRICT-680308.

               BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI

RESPONDENTS:

      1        AUTHORIZED OFFICER
               IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD. NO.55,
               IRINJALAKUDA, THRISSUR DISTRICT -680121.

      2        MANAGER,
               IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD.,
               KORATTY EAST P.O., OLD NH ROAD, KORATTY,
               THRISSUR DISTRICT -680308.

               R1-R2 BY ADV. SRI.DEVAPRASANTH.P.J.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.2019/2021                  2


                                JUDGMENT

Dated this the 29th day of January 2021

By this writ petition, the petitioner seeks the following relief:

i) Issue a writ of mandamus or direction granting equal monthly instalments to the petitioner to pay off the dues stated in Ext.P1 and prohibit coercive steps against the petitioner.

2. Heard learned counsel appearing for the parties. Learned

counsel for the petitioner submits that the petitioner is not

challenging any steps taken by the secured creditor under the

SARFAESI Act. But she wants to repay the overdue amount of

loan in instalments. It is argued that because of huge loss

suffered due to pandemic Covid-19, the petitioner could not pay

the loan amount.

3. As against this, learned Standing Counsel appearing for

the respondents submits that sale notice under the SARFAESI Act

has already been issued and sale of the secured asset is scheduled

to be held on 02.03.2021. It is also submitted that the overdue

amount of loan is about Rs.18 lakhs and the outstanding amount

of loan is more than Rs.48 lakhs. It is further submitted that this

writ petition, as framed and filed, is not maintainable because

what is sought to be challenged in indirect way is the action under

the SARFAESI Act. Moreover, it is submitted that if the petitioner

pays substantial amount of overdues, the Bank may consider

keeping coercive action in abeyance.

4. In the light of the willingness expressed by the

respondent-Bank, this writ petition is disposed of with the

following directions:

The petitioner to deposit 1/3 rd of the overdue amount of loan

by the end of February 2021 and she should remit entire balance

overdue amount of loan in five equated monthly instalments

commencing from March 2021 apart from payment of regular

EMIs. If the petitioner abides by these directions, respondents

shall keep coercive action for recovery of loan in abeyance. A

single default in complying with these directions shall entail the

respondent-Bank to continue with the coercive action under the

SARFAESI Act. Considering the circumstances of the case and

also the nature of relief granted, no further extension of time for

compliance of the judgment shall be granted.

This writ petition is disposed of accordingly. Sd/-

A.M.BADAR

JUDGE smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 11.01.2021 WITH ENGLIGH TRANSLATION.

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp