Mohammed Shah vs The Authorized Officer Under ...
2022 Latest Caselaw 3835 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                       WP(C) NO. 12242 OF 2022
PETITIONER:

          MOHAMMED SHAH
          AGED 51 YEARS
          S/O. SHAHUL HAMEED, AJMEER HOUSE, MUTHUKULAM SOUTH P.O,
          MUTHUKULAM, ALAPPUZHA DISTRICT - 691506.

          BY ADVS.
          R.RAJESH (VARKALA)
          M.KIRANLAL
          MANU RAMACHANDRAN
          SAMEER M NAIR
          HARSHA SUSAN SAM
          GEETHU KRISHNAN


RESPONDENTS:

    1     THE AUTHORIZED OFFICER UNDER SECURITIZATION ACT
          UNION BANK OF INDIA, MUTHUKULAM BRANCH,
          ALAPPUZHA DISTRICT - 691506.

    2     THE BRANCH MANAGER,
          UNION BANK OF INDIA, MUTHUKULAN BRANCH, MUTHUKULAM,
          ALAPPUZHA DISTRICT, 691506.

          BY ADV. A.S.P.KURUP-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12242 OF 2022

                                  2


              BECHU KURIAN THOMAS, J.
            ===========================
                W.P.(C) No.12242 of 2022
            ============================
                Dated this the 5th day of April, 2022

                            JUDGMENT

Petitioner as borrower from the respondent bank, has

committed default in repayment. Consequently, proceedings have

been initiated by the bank for recovery of the amounts due.

2. During the course of hearing, petitioner has 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 petitioner committed default in repayment and the overdue

amount is Rs.2,15,325/-. 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 WP(C) NO. 12242 OF 2022

account.

4. It was submitted by the respondent bank that the sale is

scheduled to be held on 29.04.2022. Despite the above,

respondents are willing to defer the sale, on condition that

petitioner deposits the substantial amount prior to the date of

sale. Accordingly, there will be a direction to the respondents to

defer the sale scheduled to be held on 29.04.2022, on condition

that petitioner deposits an amount of Rs.1,00,000/- by 4.00.p.m. on

or before 28.04.2022. If the said amount is deposited, the

respondents shall defer the sale and permit the petitioner to repay

the balance in six equated monthly instalments commencing

from 29.05.2022.

5. I have heard Shri.R.Rajesh, learned counsel for the

petitioner as well as Shri.A.S.P.Kurup, learned counsel for the

respondents.

6. Having regard to the circumstances of the case and the WP(C) NO. 12242 OF 2022

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 seven

instalments and thereafter, if the amount so directed is repaid

within the time as directed above, to have the loan account

regularised.

7. Accordingly, there will be a direction to the respondent

bank to accept repayment of the entire overdue amount of

Rs.2,15,325/- along with bank charges from the petitioner and

regularise the loan account of the petitioner on the following

conditions:

(a) The overdue amount of Rs.2,15,325/- shall be repaid in seven monthly instalments.

(b) The first instalment of Rs.1,00,000/- shall be paid on or before 28.04.2022 by 4.00.p.m. and the remaining instalments shall be paid on or before the 29th of the succeeding months.

(c) If the petitioner fails to deposit the first WP(C) NO. 12242 OF 2022

instalment payment of Rs.1,00,000/-, directed to be paid on 28.04.2022, respondents shall be free to proceed with the sale.

(d) Petitioner shall continue to pay the regular EMI's along with the instalments directed above.

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

(f) 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 ssa/ WP(C) NO. 12242 OF 2022

APPENDIX OF WP(C) 12242/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 26.03.2021 IN W.P.C. NO. 7961/2021 BEFORE THIS HON'BLE COURT.

Exhibit P2 THE TRUE COPY OF THE POSSESSION NOTICE DATED 23.12.2021.

Exhibit P3 THE TRUE COPY OF THE STATEMENT OF ACCOUNT FROM THE RESPONDENT BANK DATED 07.03.2022.

Exhibit P4 THE TRUE COPY OF THE RECEIPT DATED 23.03.2022.

Exhibit P5 THE TRUE COPY OF SALE NOTICE DATED 22.03.2022.