Vijikumar E.V vs The Authorized Officer
2021 Latest Caselaw 7784 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                       WP(C).No.4373 OF 2021(V)


PETITIONER:

               VIJIKUMAR E.V.
               S/O.VELAUDHAN, EDAPPARA HOUSE, VETTIKKAL P.O.,
               MULANTHURATHI, ERNAKULAM - 682 314.

               BY ADVS.
               SRI.AMEER.K.M.
               SMT.M.J.JESNA
               SHRI.RAHMATHULLAH.M

RESPONDENTS:

      1        THE AUTHORIZED OFFICER
               M/S.PEOPLES URBAN CO-OPERATIVE BANK LTD.NO.51,
               HEAD OFFICE, TRIPUNITHURA, ERNAKULAM, PIN - 682 301.

      2        THE BRANCH MANAGER
               M/S.PEOPLE'S URBAN CO-OPERATIVE BANK LTD.NO.51,
               MULANTHURUTHY BRANCH, ERNAKULAM DIST. - 682 314.

               R1-2 BY SRI.DEVAPRASANTH.P.J, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.4373/2021             2


                           JUDGMENT

Dated this the 5th day of March 2021

Heard both sides.

2. Learned counsel for the petitioner argued that the

petitioner had availed a home loan from the respondent-Bank and

he defaulted the payment thereof. It is also stated that the

petitioner had approached this Court in March 2020 and sought

instalments which were granted. The petitioner could not comply

the same because of Covid-19 pandemic. It is further argued that

the respondent-Bank is ready to consider his grievance for

instalments.

3. Learned Standing Counsel appearing for the respondent-

Bank submits that the overdue amount is Rs.3.56 lakhs and the

petitioner should deposit 1/3rd of the said amount by 20.03.2021

and he can deposit the rest of the amount in six instalments.

4. In normal circumstances, this Court would not have

interfered in the instant matter in view of the fact that the

petitioner had earlier sought equitable relief from this Court in

W.P.(C) No.5206 of 2020 but has failed to comply the directions

given in the said judgment. However, as the respondent-Bank has

given concession and showed its willingness to accept the amount

in instalments, this writ petition is disposed of with the following

directions:

The petitioner to deposit 1/3rd of the outstanding amount of

loan by 20.03.2021 and to repay the balance amount in six

equated monthly instalments commencing from 19.04.2021. If

the above conditions are fulfilled, then further proceedings under

the SARFAESI Act be kept in abeyance. If the petitioner makes a

single default in compliance with the directions given above, the

respondent-Bank shall be at liberty to proceed against the

petitioner in accordance with law.

Sd/-

A.M.BADAR

JUDGE

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE SALE NOTICE DATED 10/2/2021 ALONG WITH ENGLISH TRANSLATION.

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.5206 OF 2020.

EXHIBIT P3 THE TRUE COPY OF ORDER DATED 17/12/2020 IN CIVIL APPEAL NO.4085 OF 2020 PASSED BY HONOURABLE SUPREME COURT OF INDIA. RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp