Sam Sityerson vs The Authorised Officer Hdb ...
2021 Latest Caselaw 19875 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                          WP(C) NO. 18283 OF 2021
PETITIONERS:

     1       SAM SITYERSON
             AGED 57 YEARS
             S/O.THAPASIYAMUTHU, VALSALA VILASOM BANGLOW,
             ANCHUMARAMKALA VELLARADA, TRIVANDRUM-695542.

     2       MINICHRISTAL T.C.,
             AGED 52 YEARS
             W/O.SAM SITYERSON, VALSALA VILASOM ANCHUMARAMKALA
             VELLARADA, TRIVANDRUM-695542.

     3       AMAL,
             AGED 27 YEARS
             S/O.SAM SITYERSON, S.M.VALSALA, VILASAM BANGLOW
             PONNAMBI, VELLARADA, TRIVANDRUM-695505.

             BY ADV M.R.SARIN



RESPONDENTS:

     1       THE AUTHORISED OFFICER HDB FINANCIAL SERVICE LIMITED
             68/2-4TH FLOOR, LOYAL TOWERS, GREAN ROAD, THOUSAND
             LIGHTS, CHENNAI-600006.

     2       HBS FINANCIAL SERVICE LIMITED
             SPRINGS NEW TC NO.AC 16/659(1), 1ST FLOOR, EDAPAZHANJI,
             THYCAUD P.O., TRIVANDRUM-695014, REPRESENTED BY ITS
             MANAGER.




          SUNIL KUMAR SC


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2021, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18283 OF 2021
                                 2

                 BECHU KURIAN THOMAS, J.

                 ----------------------------------------
                     WP(C) No. 18283 of 2021
                 ----------------------------------------
            Dated this the 23rd day of September, 2021

                           JUDGMENT

Petitioner is a borrower from the second respondent

bank. He has committed default in repayment of the loan

amount. Consequently, proceedings have been initiated by

the bank for recovery of the amounts due from the

petitioner after recalling the loan.

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

overdue amount in instalments and to obtain regularization

of the loan account.

3. It was submitted on behalf of the respondent bank

that the petitioner committed default in repayment of the

loan amount and hence petitioner's account was classified as

non-performing. It was further submitted that thereafter WP(C) NO. 18283 OF 2021

proceedings for recovery of the 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

overdue amount of Rs. 3,87,000/- in limited instalments.

Apart from the above, it was also submitted that if the

petitioner is willing to repay the overdue amount as directed

by this Court, the respondent bank is willing to regularise

the loan account.

4. I have heard Adv. M.R.SarinPanicker, learned

Counsel for the petitioner as well as Adv. S. Sunil Kumar, the

learned 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

overdue amount in instalments and thereafter if the amount

so directed is repaid within the time as directed above to

have the loan account regularised. WP(C) NO. 18283 OF 2021

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire overdue

amount of Rs. 3,87,000/- from the petitioner and regularise

the loan account of the petitioner on the following

conditions:

i. The overdue amount shall be repaid in four

equated monthly instalments.

ii. The first instalment shall be made on or before

30.10.2021.

iii. Petitioner 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.

The above writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ/23.09.2021 WP(C) NO. 18283 OF 2021

APPENDIX OF WP(C) 18283/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION OF 13(4) OF SECURITISATION ACT DATED 29/9/2020.

Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER GOPIKA SASIDHARAN DATED 12.4.2921 IN MC NO.90/2021 BEFORE CJM THIRUVANANTHAPURAM.