Kerala High Court
Sirajudeen Siyad vs The Authorised Officer on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 7789 OF 2021
PETITIONERS :
1 SIRAJUDEEN SIYAD,
AGED 43 YEARS,
S/O SIRAJUDEEN KASSIM,
RESIDING AT HEERA PALACE 6B, KOWDIAR,
THIRUVANANTHAPURAM, PIN-695003.
2 AYSHA SIYAD,
AGED 37 YEARS,
W/O SIRAJUDEEN SIYAD,
RESIDING AT HEERA PALACE 6B, KOWDIAR,
THIRUVANANTHAPURAM, PIN-695003.
BY ADVS.
S.JUSTUS
SRI.S.SAJEEB
RESPONDENTS :
1 THE AUTHORISED OFFICER,
SUNDARAM HOME FINANCE LTD, REGISTERED OFFICE,
21, PATTULLOS ROAD, CHENNAI-600002.
2 THE BRANCH MANAGER.
SUNDARAM HOME FINANCE LTD, (FORMERLY SUNDRANAM BNP
PARIBAS HOME FINANCE LTD.),
TRIVANDRUM BRANCH, FIRST FLOOR, NEAR SUNNY DIAMONDS,
PATTOM JUNCTION,
PATTOM PALACE P.O, THIRUVANANTHAPURAM-695004.
BY ADV P.BINNY JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7789 OF 2021
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.7789 of 2021
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Dated this the 30th day of November, 2021
JUDGMENT
Petitioners as borrowers from the respondent bank, have
committed default in repayment. Consequently, proceedings have been
initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioners have confined the
relief to an opportunity for repaying the overdue amount in instalments
and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent bank that the
petitioners committed default in repayment and the overdue amount is
Rs.12,01,330/-. It was further submitted that though proceedings for
recovery have been initiated, as a matter of indulgence, the respondent
bank is willing to accept repayment of the overdue amount in limited
instalments and regularise the loan account.
4. I have heard Smt.S.Justus, learned counsel for the
petitioners as well as Sri.Binny P.Joseph, the learned counsel for the
respondents.
5. Having regard to the circumstances of the case and the
situation now prevailing, apart from the submissions made as recorded
above, I am of the view that the petitioners can be granted an opportunity
to repay the overdue amount in '10' instalments and thereafter, if the
WP(C) NO. 7789 OF 2021
amount so directed is repaid within the time as directed above, to have the
loan account regularised.
6. Accordingly, there will be a direction to the respondent bank
to accept repayment of the entire overdue amount of Rs.12,01,330/- along
with bank charges from the petitioners and regularise the loan account of
the petitioners on the following conditions :
(i) The overdue amount of Rs.12,01,330/- shall be repaid
in '10' equated monthly instalments.
(ii) The first instalment shall be paid on or before
22.12.2021.
(iii) Petitioners shall continue to pay the regular EMI's
along with the instalments directed above.
(iv) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in
accordance with law.
(v) In order to enable the petitioners to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 7789 OF 2021
APPENDIX OF WP(C) 7789/2021
PETITIONERS' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST
RESPONDENT DATED 12.03.2021.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
STATEMENT OF ACCOUNT.
