Jose Thomas vs South Indian Bank Ltd
2021 Latest Caselaw 8888 Ker

               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.5316 OF 2021(L)


PETITIONER:

               JOSE THOMAS
               AGED 66 YEARS
               S/O THOMAS,ELAVUNKAL HOUSE,PATHANPARA.P.O,
               ALAKODE(VIA),VELLAD AMSOM,TALIPARAMBA TALUK,
               KANNUR DISTRICT-670571.

               BY ADVS.
               SRI.V.T.MADHAVANUNNI
               SRI.V.A.SATHEESH

RESPONDENTS:

      1        SOUTH INDIAN BANK LTD.
               KARUVANCHAL BRANCH,KARUVANCHAL.P.O,
               VELLAD AMSOM,KANNUR DISTRICT-670571
               REPRESENTED BY ITS BRANCH MANAGER

      2        THE AUTHORISED OFFICER(CHIEF MANAGER),
               THE SOUTH INDIAN BANK LTD,REGIONAL
               OFFFICE,K.V.R.TOWER,KANNUR DISTRICT-670002.

               BY SRI.SUNIL SHANKER, SC.
               BY ADV. SMT.VIDYA GANGADHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5316/2021                2


                               JUDGMENT

Dated this the 17th day of March 2021

Heard both sides.

2. The petitioner had availed an agricultural loan on

11.11.2013 amounting to Rs.6.60 lakhs by mortgaging his house

property. According to the petitioner, there are defaults in paying

instalments because of the lockdown imposed in the year 2020 so

also due to the expenses incurred for the treatment of his

grandson. The petitioner submits that the amount payable will be

paid by instalments and facility of 15 equated monthly instalments

be granted to him.

3. Learned Standing Counsel appearing for the respondent-

Bank opposed the writ petition by contending that, for recovery of

the amount due and payable by the petitioner, Original Suit

bearing No.105 of 2021 is already filed by the Bank and the same

is pending before the Court of Munsiff. It is submitted that as on

04.03.2021, the amount due and payable by the petitioner is

Rs.9,82,925.06/-. It is argued that the substantial amount be

directed to be deposited by the petitioner by the end of this

financial year and the remaining amount can be directed to be

paid in instalments.

4. I have considered the submissions so advanced and also

perused the materials placed before me. It is seen that the

respondents are interested in recovery of the amount of loan and

that is why they have filed a civil suit which is still pending. The

petitioner is seeking 15 instalments whereas the respondents are

contending that the petitioner is a man of means and he be

directed to deposit substantial portion of loan due and payable.

5. Considering this submission and keeping in mind the

facts and circumstances of the case, this writ petition is disposed

of with the following directions:

The petitioner to pay the entire amount of loan outstanding

in his loan account along with interest and other charges in ten

equated successive monthly instalments commencing from

29.03.2021. If the petitioner complies with this direction, then

the respondents shall keep the action under the SARFAESI Act

initiated against the petitioner in abeyance. A single default in

compliance with this direction shall entail the respondents to

continue with the action under the SARFAESI Act. No further

extension of time for compliance of this direction shall be granted

to the petitioner for any reason. Sd/-

A.M.BADAR

JUDGE smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE STATEMENT OF ACCOUNT WITH REGARD TO THE LOAN FOR THE PERIOD FROM 11.11.2013 TO 23.2.2021

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 6.6.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE POSSESSION NOTICE DATED 8.2.2021 ISSUED TO THE PETITIONER BY THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RECIEPT OF PAYMENT ISSUED FROM DR.MANOJ'S ENT SUPER SPECIALITY INSTITUTE AND RESEARCH CENTRE AT CALICUT DATED 26.12.2019.

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp