Kerala High Court
Sandhya P vs Kerala State Co-Operative Bank ... on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WP(C).No.5379 OF 2021(V)
PETITIONER:
SANDHYA P.,
AGED 39 YEARS
W/O RAJASEKARAN NAIR @ JAYAN, MADHAVAN BHAVAN,
EANTHIVILA, KARIPPOOR P.O.NEDUMANGAD,
THIRUVANANTHAPURAM-695 046.
BY ADVS.
SHRI.BIJU BALAKRISHNAN
SMT.V.S.RAKHEE
SMT.K.J.GISHA
SHRI.AJMAL P.
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK LTD.,
(ERSTWHILE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE
BANK LTD), NEDUMANGAD BRANCH, NEDUMANGAD
P.O.THIRUVANANTHAPURAM-695 023.
2 THE AUTHORISED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD, (ERSTWHILE
THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD),
REGIONAL OFFICE, EAST FORT, THIRUVANANTHAPURAM-695
023.
R1-2 BY ADV. SHRI.THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5379 OF 2021(V)
2
JUDGMENT
Dated this the 17th day of March 2021
Heard both sides.
2. It is case of the petitioner that she had availed term loan of
Rs.5 lakhs on 22.06.2017 from the respondent and its term is upto
year 2027. The petitioner had taken that loan for medical treatment of
her husband who has suffered multiple injuries in road traffic accident.
Similarly, the loan was also taken for medical treatment of daughter as
well as son of the petitioner who happens to be a domestic servant.
The learned counsel for the petitioner submits that the petitioner is
not avoiding her liability, but she wants to repay the overdue amount
in instalments, consider the financial crunch.
3. The learned counsel for the respondents submits that
recalled amount of loan is Rs.6,32,606/-, whereas the overdue
amount is Rs. 2,28,427/-. It is argued by the respondents that at the
most, eight instalments can be given to the petitioner for clearing the
overdue amount.
4. I have considered the submissions so advanced. The
petitioner is not challenging the action under the SARFAESI Act, but
she wants to clear her liability. The petitioner is a domestic servant
and the loan was applied for medical treatment of her husband as well
WP(C).No.5379 OF 2021(V)
as children.
5. Considering the facts and circumstances of the instant
case, the petition is disposed of with the following directions.
The petitioner to clear the entire overdue amount with interest
and incidental charges in 15 equated monthly instalments
commencing from 29.03.2021. In addition, the petitioner should also
pay EMIs regularly. If the petitioner complies with these directions,
then respondents shall keep the action if any initiated under the
SARFAESI Act, against the petitioner, in abeyance. A single default in
compliance with these directions shall entail the respondents to
continue with the action under the SARFAESI Act. No further extension
of time shall be granted to the petitioner for complying with these
directions.
Sd/-
A.M.BADAR
Nsd
//true copy//
JUDGE
PA to Judge
WP(C).No.5379 OF 2021(V)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DISABILITY CERTIFICATE
DATED 23.12.2011 DEPARTMENT OF ORTHOPEDICS
MEDICAL COLLEGE HOSPITAL,
THIRUVANANTHAPURAM ISSUED TO PETITIONERS
HUSBAND
EXHIBIT P2 TRUE COPY OF THE DISCHARGE CARD/DISCHARGE
SUMMARY DATED 22.6.2019 FROM THE DISTRICT
HOSPITAL, NEDUMANGAD TO THE PETITIONERS
HUSBAND
EXHIBIT P3 TRUE COPY OF THE DISCHARGE CARD/DISCHARGE
SUMMARY DATED 18.11.2020 ISSUED BY THE
DISTRICT HOSPITAL, NEDUMANGAD TO
PETITIONERS DAUGHTER MS ASWINI
EXHIBIT P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED
3.10.2019 ISSUED TO PETITIONERS SON
EXHIBIT P5 TRUE COPY OF THE BANK PASS BOOK OF THE
PETITIONER
EXHIBIT P6 TRUE COPY OF THE POSSESSION NOTICE DATED
5.2.2021
EXHIBIT P6 (A) TRUE COPY OF THE ENGLISH TRANSLATION OF THE
EXT P6 DOCUMENT
