Sajeena vs Authorised Officer
2022 Latest Caselaw 4839 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                         WP(C) NO. 9777 OF 2022
PETITIONER/S:

             SAJEENA
             AGED 37 YEARS
             MACHINGHAL MANNANCHERY HOUSE
             ARAKKAL P O THENNALA
             MALAPPURAM DISTRICT, PIN - 676508
             BY ADVS.
             SAIJO HASSAN
             BENOJ C AUGUSTIN
             RAFEEK. V.K.
             P.PARVATHY
             AATHIRA SUNNY
             ABHIRAMI DINESH


RESPONDENT:

             AUTHORISED OFFICER
             (CHIEF EXECUTIVE OFFICER)
             THE KOTTAKKAL CO-OPERATIVE URBAN BANK LTD
             NO.1378,KOTTAKKAL
             MALAPPURAM
             DISTRICT, PIN - 676503
             BY SRI. DEVAPRASANTH.P.J., SC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.04.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 9777 OF 2022
                                    2

                     MOHAMMED NIAS. C.P.,J
                  ------------------------
                     WP(C) No. 9777 of 2022
                  ------------------------
                Dated this the 29th day of April, 2022


                              JUDGMENT

The petitioner's husband availed a loan from the

respondent bank for Rs.25,00,000/- in January, 2020 by

creating mortgage of residential property as the secured

asset. Due to Covid pandemic, repayments were not made in

time and the same led to proceedings for recovery against the

petitioner's husband.

2. The limited prayer of the petitioner in this writ

petition is to grant instalment facility to pay the overdue

amounts and to regularise the loan account.

3. The learned Standing Counsel for the respondent

Bank, on instructions, submits that the outstanding overdue as

on today is Rs.6,41,759/-

4. Taking into account the averments in the writ

petition and after hearing the learned counsel on either side, I

direct the petitioners to remit an amount of Rs.50,000/- on or WP(C) NO. 9777 OF 2022

before 4.5.2022 and another Rs.50,000/- on or before

15.05.2022 and the balance will be paid in 18 equal monthly

instalments and continue to pay the regular amount.

5. In the said circumstances this writ petition is

disposed of permitting the petitioner's husband to clear off the

overdue amounts as aforesaid due to the respondent bank in 18

equal monthly instalments starting from 15.06.2022. The

petitioner's will also be liable to pay the applicable EMI with

the accrued interest, if any, continuously over and above the

instalments to pay off the overdue amounts.

6. It is made clear that if there are two defaults

committed in paying the instalments at any time, the

petitioner's husband will lose the benefit of this order and the

respondent bank will be at liberty to proceed against the

petitioner's husband on the basis of the recovery proceedings

already initiated.

The writ petition is disposed of.

Sd/-

MOHAMMED NIAS. C.P.,JUDGE

dlK 29.4.2022 WP(C) NO. 9777 OF 2022

APPENDIX OF WP(C) 9777/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 3.11.2021 ISSUED BY THE RESPONDENT