Maris vs The Branch Manager
2021 Latest Caselaw 10143 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.5898 OF 2021(J)


PETITIONER:

               MARIS
               AGED 54 YEARS, W/O. JOHNSON
               PUTHUPPULLI PARAMBAN HOUSE, PULLUTHI DESOM,
               KALLUR VILLAGE, MUKUNDAPURAM TALUK,
               THRISSUR DISTRICT.

               BY ADVS.
               SMT.M.R.REENA
               SRIP.S.SUJETH

RESPONDENTS:

      1        THE BRANCH MANAGER, THE KERALA STATE CO-OP. BANK,
               PUDUKKAD BRANCH, THRISSUR DISTRICT, PIN-680 301.

      2        THE AUTHORIZED OFFICER,
               THE KERALA STATE CO-OP BANK LTD., HEAD OFFICE,
               SAHAKARANA SAPTHADHI MANDIRAM, TUDA ROAD,
               KOVILAKATHUPADAM, THIRUVAMBADY P.O.,
               THRISSUR-680 022.

               BY SRI.P.C.SASIDHARAN, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5898/2021              2


                               JUDGMENT

Dated this the 25th day of March 2021

Heard both sides.

2. The petitioner who happens to be worker in a bakery had

availed loan of Rs.7 lakhs for a term of ten years in the year

2016. She defaulted in payment of the loan resulting in initiation

of action under the SARFAESI Act.

3. Learned counsel for the petitioner argued that because of

loss of job in bakery caused by Covid-19 pandemic, the petitioner

was not in a position to pay the loan in instalments. She wants to

regularise her loan account.

4. As against this, learned Standing Counsel appearing for

respondents submits that demand notice under Section 13(2) of

the SARFAESI Act was issued on 08.08.2019 and notice under

Section 13(4) of the said Act was issued in January 2021. It is

submitted that the overdue amount is Rs.1,46,749/- whereas the

closure balance is Rs.7,20,640/-. It is also submitted that the

Bank is willing to grant five instalments to the petitioner if the

petitioner pays an amount of Rs.50,000/- (Rupees Fifty thousand

only) prior to March 2021.

5. I have considered the submissions so advanced and

perused the materials placed before me. As the respondents are

willing to grant facility of instalments to the petitioner, this writ

petition is disposed of with the following directions:

The petitioner to pay an amount of Rs.25,000/- (Rupees

Twenty five thousand only) on or before 31.03.2021 and she

should pay the balance amount representing overdue amount,

interest and incidental charges in ten equated successive monthly

instalments commencing from 19.04.2021. In addition, the

petitioner should also pay the EMIs regularly. If the petitioner

complies with these directions, then the respondents shall keep

coercive 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

respondents 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

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE DATED 15.01.2021 WITH TRANSLATION.

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 10.02.2021 SENT BY THE PETITIONER.

RESPONDENT'S EXHIBITS: NIL.

True Copy

P.S to Judge

smp