Ramseena.T.P vs The Hdfc Bank Ltd
2022 Latest Caselaw 4733 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                       W.P.(C) NO.14344 OF 2022
PETITIONER:

          RAMSEENA T.P.,
          AGED 39 YEARS, W/O. MUHAMMED SHIHAB P.,
          KOOCOTH HOUSE,
          KALLU KETTU CHIRA, KOTTALI.P.O,
          KAKKAT, KANNUR-670 005.

          BY ADVS.C.H.ABDUL RASAC
                  ABDUL RAOOF PALLIPATH
                  K.R.AVINASH


RESPONDENT:

          THE HDFC BANK LTD,
          HDFC HOUSE, M.G.ROAD, COCHIN
          REPRESENTED BY ITS AUTHORIZED OFFICER,
          HDFC LTD, KANNUR BRANCH.
          HIGHWAY ARCADE, THANA,
          KANNUR, PIN-670 005.

          BY ADVS.K.K.CHANDRAN PILLAI (SR.)
                  S.AMBILY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      -2-
W.P.(C) NO.14344 OF 2022


                                 JUDGMENT

The petitioner is challenging the recovery proceedings

initiated against her under the Securitisation and

Reconstruction of Financial Assests and Enforcement of

Security Interest Act, 2002 (SARFAESI Act). The petitioner

has availed a credit facility from the respondent Bank and

consequent to the default committed by the petitioner in

repaying the amount, the said account is declared as NPA.

Accordingly, recovery proceedings have been initiated which

is impugned in this writ petition.

2. The learned counsel appearing for the Bank

submits that as on 22.04.2022, an amount of Rs.20,80,600/- is

in arrears. It is submitted by the learned counsel for the Bank

upon instructions that they are amenable for granting an

opportunity to the petitioner to regularise the loan account

by paying the entire instalment overdue along with interest in

reasonable monthly instalments.

In such circumstances, this writ petition is disposed of

granting an opportunity to the petitioner to regularise the

loan account in instalments. The petitioner shall deposit an

W.P.(C) NO.14344 OF 2022

amount of Rs.5,00,000/- on or before 20.05.2022. If the

petitioner deposits the amount as directed above, the

petitioner shall be permitted to pay the balance amount in 10

equal monthly instalments commencing from 20 th June, 2022

along with regular EMI and the interest due thereon. In case

of default on the part of the petitioner in payment of any of

the instalments including regular monthly instalments, the

aforesaid facility shall stand cancelled, upon which the Bank

will be at liberty to proceed with the recovery proceedings.

Subject to the above direction, the recovery proceedings

against the petitioner is directed to be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE bpr

W.P.(C) NO.14344 OF 2022

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 23.01.2019 ISSUED BY THE RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RECEIPT OF RS.1 LAKH DATED 09.10.2019.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 07.04.2022 ISSUED BY THE ADVOCATE COMMISSIONER.