Kerala High Court
Vijayaraj vs State Bank Of India on 29 April, 2022
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. 14561 OF 2022
PETITIONER:
VIJAYARAJ, AGED 30 YEARS
PUTHENPURAYL HOUSE, THAMALLACKAL PO,
PIN -690 548, KUMARAPURAM PANCHAYATH VILLAGE,
KARTHIKAPALLY TALUK,
ALAPPUZHA DISTRICT, PIN - 690548
BY ADVS.
NISHIN GEORGE VIJAYABABU
ANNAMMA PHILIP
BIJU ABRAHAM (KAIPPANPLACKAL)
HAFY PUNTHALA WILSON
JITHYSUSOJA S.
XAVIER THOMAS V.T.
RESPONDENTS:
1 STATE BANK OF INDIA
HARIPAD BRANCH, BRANCH CODE: 070086, ACE-1
TOWERS KACHERY JUNCTION , HARIPAD,
KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT,
KERALA- 690514 REPRESENTED BY ITS BRANCH
MANAGER ., PIN - 690514
2 THE AUTHORIZED OFFICER
STATE BANK OF INDIA (SBI) RASMEC, MAVELIKARA
BRANCH BRANCH CODE: 61047, DOOR NO 581-584,
AMBANATTU BUILDINGS
MAVELIKKARA, ALAPPUZHA DISTRICT
PIN 690101, PIN - 690101
SRI JAYESH MOHANKUMAR 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.14561/2022
2
MOHAMMED NIAS C.P., J
.......................................
W.P.(C) No.14561 of 2022
................................................
Dated this the 29th day of April, 2022
JUDGMENT
The petitioner has availed a housing loan to the tune of
Rs.15 lakhs from the respondent bank and due to the
difficulties caused by the pandemic, repayments were not
made in time and the same led to proceedings for recovery
against the petitioner.
2. The limited prayer of the petitioner in this writ petition is
to grant instalment facility to pay the overdue amounts in
instalments and to regularise the loan account.
3. The learned Standing Counsel for the respondent Bank, on
instructions, submits that the overdue amount is
Rs.6,15,000/-.
4. Taking into account the averments in the writ petition and
after hearing the learned counsel on either side, I deem it
appropriate to grant '3' monthly instalments to the
petitioner to wipe off the overdue amounts due to the
respondent bank.
WP(C) NO.14561/2022
5. In the said circumstances, this writ petition is disposed of,
permitting the petitioner to clear off the overdue amount of
Rs.6,15,000/- along with bank charges in '3' equal monthly
instalments, commencing from 16.05.2022 and the
remaining instalments shall be paid on or before the 16 th
day of every succeeding month. The petitioner 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, at any
time, the petitioner will lose the benefit of this judgment
and the respondent bank will be at liberty to proceed
against the petitioner on the basis of the recovery
proceedings already initiated.
7. In order to enable the petitioner to repay the entire
amounts, all coercive proceedings initiated against the
petitioners shall be kept in abeyance.
The writ petition is disposed of.
Sd/-
MOHAMMED NIAS C.P., JUDGE
AMV/30/04/2022
WP(C) NO.14561/2022
APPENDIX OF WP(C) 14561/2022
PETITIONER EXHIBITS
Exhibit-P1 COPY OF THE POSSESSION NOTICE ISSUED
U/S 13(4) OF THE SARFAESI ACT BY THE
2ND RESPONDENT TO THE PETITIONER AND
HIS MOTHER
RESPONDENTS EXHIBITS : NIL
TRUE COPY
