Bindhu vs Bank Of Baroda
2021 Latest Caselaw 13907 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE A.M.BADAR
        TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                       WP(C) NO. 10871 OF 2021
PETITIONER:

            BINDHU
            AGED 45 YEARS
            W/O. VINAYAKUMAR,
            GAWRI SANKARAM, KANDIYOOR,
            THATTARAMBALAM P. O.,
            MAVELIKKARA
            (PRESENTLY RESIDING AT THAZHEKKATTU HOUSE,
            ANARI MURI,
            CHERUTHANA P. O., HARIPAD).

            BY ADV SRI. M.R. SUDHEENDRAN


RESPONDENTS:

    1       BANK OF BARODA
            REPRESENTED BY THE CHIEF MANAGER,
            PUTHIYAKAVU,
            MAVELIKKARA - 690 101.

    2       THE AUTHORIZED OFFICER,
            BANK OF BARODA,
            MAVELIKKARA BRANCH,
            MAVELIKKARA - 690 101.

            SMT. R. REMA, SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10871 OF 2021

                                  2




                              JUDGMENT

Heard the learned counsel for the petitioner.

2. The learned counsel for the petitioner submits

that, the petitioner along with her husband had availed three

loans from the respondent Bank. According to the learned

counsel for the petitioner, at that time the husband of the

petitioner was serving in some foreign country and was

earning handsome amount. However, subsequently the

husband of the petitioner came back to India and is addicted

to liquor. He subjected the petitioner to cruelty and as such

the petitioner was required to resort to the provisions of

Protection of Women from Domestic Violence Act. She has

obtained necessary protection order from the Court of the

learned Judicial First Class Magistrate. However, according to

the learned counsel for the petitioner, the petitioner is single

handedly willing to clear of the overdue amount of loan in

order to protect the mortgaged property which constitute a WP(C).No.10871 OF 2021

residential house and for that purpose the petitioner is

desirous of seeking installments for repayment of the overdue

amount of loan.

3. The learned Standing Counsel appearing for the

respondent Bank is gracious enough to accede to the request

of grant of installments for clearing the overdue amount of

loan but according to her the overdue amount must be

cleared in five installments. She submits that the overdue

amount is Rs.11.35 Lakhs whereas the total outstanding

against the three loan accounts is about Rs.33 Lakhs.

According to the learned counsel for the respondent Bank, the

loan became non performing asset way back in the year

2018. Upon persuasion in an effort to settle the matter by

the Court, the learned counsel for the respondent Bank

agrees for grant of ten installments with a condition that no

further extension of time should be sought by the petitioner

either for clearing the overdue amount or for paying

installments.

In this view of the matter, as the respondent Bank is

willing to grant facility of installments to the petitioner in the WP(C).No.10871 OF 2021

peculiar facts and circumstances of the instant case, the

petition is disposed of with the following directions:

The petitioner to clear the entire overdue amount in all

three loan accounts along with interest and other charges in

ten equated successive monthly installments commencing

from 02.08.2021. Apart from that, the petitioner should

continue to pay regular installments of loan availed by her. If

the petitioner complies with these directions, then the

respondent Bank shall keep the pending action under the

SARFAESI Act initiated against the petitioner in abeyance. A

single default on the part of the petitioner in compliance with

these directions shall entail the respondent Bank to continue

with the coercive action initiated against the petitioner. No

further extension of time shall be granted to the petitioner for

compliance with these directions.

Sd/-

A.M.BADAR JUDGE

SPR WP(C).No.10871 OF 2021

APPENDIX OF WP(C) 10871/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 10.03.2021 IN CMP 728/21 IN MC 26/21 OF THE JFCM COURT, HARIPAD.

EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 25.05.2018 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 14.09.2018 ISSUED FROM THE FIRST RESPONDENT BANK.

EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 15.04.2021 ISSUED BY THE ADVOCATE COMMISSIONER FOR AN ON BEHALF OF THE RESPONDENTS.

     RESPONDENT'S/S EXHIBITS:    NIL.