Safia Beevi Alias Sofi S vs State Bank Of India Sbi
2021 Latest Caselaw 20477 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943

                      WP(C) NO. 19685 OF 2021

PETITIONER:

            SAFIA BEEVI ALIAS SOFI S.,
            (M/S. MOHAMMED SALI WHOLE SALE SUPERMART,
            BUILDING NO. KP NO. XV/247,
            THOPPICHANTHA, PERUMKULAM P.O,
            ALAMCODE,
            THIRUVANANTHAPURAM 695 102.
            BY
                   ADV.SHAHIM BIN AZIZ
                   ADV.MOHAMMED SHAFI.K




RESPONDENT:

            STATE BANK OF INDIA,
            RASMEC, LAZER SQUARE,
            NEAR KULANGARA SREEKRISHNA TEMPLE,
            KAZHAKKOOTTAM BRANCH,
            THIRUVANANTHAPURAM-695 582


            ADV.M.JITHESH MENON, SC

     THIS     WRIT    PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   01.10.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.19685/21
                                         -:2:-




                         BECHU KURIAN THOMAS, J.
                         -----------------------------------------
                            W.P.(C) No.19685 of 2021
                         ----------------------------------------
                      Dated this the 1st day of October, 2021

                                    JUDGMENT

Petitioner has availed an open cash credit facility from the

respondent bank. She has committed default in repayment of the

cash credit facility. Consequently, proceedings have been initiated by

the bank for recovery of the amounts due from the petitioner.

2. Though petitioner has raised various challenges in the writ

petition, during the course of the hearing, petitioner has confined the

relief to an opportunity for repaying the cash credit facility in

instalments.

3. It was submitted on behalf of the respondent bank that the

petitioner committed default in repayment of the cash credit facility

and hence petitioner's account was classified as non-performing. It

was further submitted that thereafter proceedings for recovery of the W.P.(C) No.19685/21

amount were initiated and also that, even though proceedings have

been initiated for recovery of the amounts due, as a matter of

indulgence, the respondent bank is willing to accept repayment of the

outstanding amount of Rs.1,08,80,780/- in limited instalments.

4. I have heard Adv.Shahim Bin Aziz, learned counsel for the

petitioner as well as Adv.M.Jithesh Menon, learned Standing

Counsel for the respondent.

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 petitioner can be granted

an opportunity to repay the outstanding amounts in instalments.

6. Accordingly, there will be a direction to the respondent bank

to accept repayment of the entire outstanding amount of

Rs.1,08,80,780/- due from the petitioner on the following conditions:

(i) The outstanding amount of Rs.1,08,80,780/-shall be repaid in twelve equated monthly instalments.

(ii) The first instalment of Rs.20,00,000/- shall be made on or before 30.10.2021 and the balance in twelve equated monthly instalments commencing from 30.11.2021.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

W.P.(C) No.19685/21

(iv) In order to enable the petitioner 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 vps W.P.(C) No.19685/21

APPENDIX OF WP(C) 19685/2021

PETITIONER'S/S' EXHIBITS Exhibit P1 TRUE COPY OF POSSESSION NOTICE ISSUED BY THE STATE BANK OF INDIA, KAZHAKKOOTTAM BRANCH DATED 08.09.2021.