Ratheesh Kumar M.G vs The Authorized Officer
2022 Latest Caselaw 4902 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. 14912 OF 2022
PETITIONER:

             RATHEESH KUMAR M.G
             AGED 49 YEARS
             S/O.MURUKABHOOPATHY, KALIYARA VEEDU,
             CHEMPAZANTHI P.O,
             THIRUVANANTHAPURAM DISTRICT 695 587
             BY ADV NAVEEN RADHAKRISHNAN


RESPONDENTS:

     1       THE AUTHORIZED OFFICER
             (UNDER SARFAESI ACT)
             KERALA GRAMIN BANK LTD, CHENGOTTUKONAM BRANCH,
             MANATHALA P.O, THIRUVANANTHAPURAM 680 506
     2       KERALA GRAMIN BANK LTD
             THE BRANCH MANAGER, VATTAPPARA P.O,
             THIRUVANANTHAPURAM 695 028


             BY SRI.JAWAHAR JOSE, 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.14912 of 2022
                                     2



                      MOHAMMED NIAS. C.P.,J
                   ------------------------
                     WP(C) No. 14912 of 2022
                   ------------------------
                 Dated this the 29th day of April, 2022


                               JUDGMENT

The petitioner had availed 4 different loans from the

respondent bank for Rs.2,00,000/- on 30.03.2016,

Rs.2,00,000/- , Rs.2,50,000/- on 5.9.2016 and Rs.2,50,000/- on

5.9.2016 by mortgaging immovable property as security having

an extent of 4.05 Ares and 4.00 Ares with residential building

comprised in Sy. No.411/2014 of Block No.33 of Vembayam

Village, Nedumangad Taluk, Thiruvananthapuram District. Due

to the difficulties faced 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 and to regularise the loan account.

3. The learned Standing Counsel for the respondent

Bank, on instructions, submits that the outstanding amounts to

the bank as on today is Rs.18,00,175/-. WP(C)No.14912 of 2022

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 20 equal monthly instalment

facility to the petitioner to wipe off the entire amounts due to

the respondent bank.

5. In the said circumstances this writ petitions is

disposed of permitting the petitioner to clear off the liability

due to the respondent bank in 20 equal monthly instalments

starting from 25.05.2022.

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

committed in paying the instalments at any time, the petitioner

will lose the benefit of this order and the respondent bank will

be at liberty to proceed against the petitioner 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.14912 of 2022

APPENDIX OF WP(C) 14912/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT DATED 20-11-2020 Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE RESPONDENT BANK BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 13-04-2022