Kerala High Court
Shakeela Abdul Salam vs Malappuram District ... on 26 April, 2022
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
WP(C) NO. 14627 OF 2022
PETITIONER:
SHAKEELA ABDUL SALAM
AGED 36 YEARS
W/O. ABDUL SALAM,
MANKADAVATH PUTHANVEETTIL HOUSE,
CODACAL P. O.,
MALAPPURAM - 676 108.
BY ADVS.
K. SUJAI SATHIAN
MARY LIYA SABU
VISMAYA VINOD
RESPONDENTS:
1 THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS MANAGER,
KARATHUR BRANCH,
CODACAL P. O.,
MALAPPURAM - 676 108.
2 AUTHORIZED OFFICER UNDER SARFAESI ACT,
THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.,
KARATHUR BRANCH,
CODACAL P. O.,
MALAPPURAM - 676 108.
SMT. PRINCY XAVIER - GP
SRI. E.S.M KABEER - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14627 OF 2022
2
JUDGMENT
The petitioner is challenging the recovery
proceedings initiated against her under the
Securitisation and Reconstruction of Financial Assets
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 Standing Counsel appearing for
the Bank submits that as on date, an amount of
Rs.22,46,542/- is in arrears. It is submitted by the
learned Standing Counsel for the Bank upon
instructions, that, they are amenable for granting an
WP(C).No.14627 OF 2022
opportunity to the petitioner to regularise the loan
account by paying the entire installment overdue along
with interest in reasonable monthly installments. It is
submitted by the learned Standing Counsel that total
amount of installment overdue comes to
Rs.17,70,964/-.
In such circumstances, this writ petition is
disposed of granting an opportunity to the petitioner to
regularise the loan account by paying the installment
overdue as mentioned above along with interest due
thereon in fifteen equal monthly installments
commencing from 15th May, 2022 onwards. The
subsequent installments shall be paid by the petitioner
on 15th day of every month. Along with the aforesaid
payment, regular monthly installment shall also be
paid. In case of default on the part of the petitioner in
payment of any of the installments including regular
WP(C).No.14627 OF 2022
monthly installments, 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
SPR
WP(C).No.14627 OF 2022
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE POSSESSION NOTICE
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER UNDER RULE 8 SECTION 13(4) OF
THE SARFAESI ACT DATED 27.01.2022.
EXHIBIT P2 TRUE COPY OF THE ONE TIME SETTLEMENT
SCHEME NOTICE ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER DATED
05.02.2022.
EXHIBIT P3 TRUE COPY OF THE PASSBOOK ISSUED BY THE
1ST RESPONDENT BANK TO THE HUSBAND OF THE
PETITIONER, ABDUL SALAM, DATED
25.01.2016.
EXHIBIT P4 TRUE COPY OF THE GIFT DEED IN FAVOUR OF
THE PETITIONER DATED 11.12.2014.
EXHIBIT P5 TRUE COPY OF THE ORDER IN I.A.1126 OF
2018 IN OP 473 OF 2018 DATED 27.12.2021
BY THE HON'BLE FAMILY COURT, TIRUR.
EXHIBIT P6 TRUE COPY OF THE TREATMENT CERTIFICATE
ISSUED BY DR.SALEEM P.K., PSYCHIATRIST IN
'CENTRE FOR HARMONIOUS LIVING HOSPITAL'
IN THE NAME OF THE HUSBAND OF THE
PETITIONER DATED 19.12.2021.
RESPONDENTS EXHIBITS: NIL.
