Jameela vs The Authorized Officer
2022 Latest Caselaw 11785 Ker

              EIN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                       WP(C) NO. 40828 OF 2022
PETITIONER:

          JAMEELA,
          S/O.SAITHU, AGED 65 YEARS,
          CHALIL VEETTIL, KADAPPURAM DESOM,
          KADAPPURAM VILLAGE, CHAVAKKAD, PINCODE - 680 506.

          BY ADV M.R.SASITH



RESPONDENT:

          AUTHORIZED OFFICER,
          KERALA STATE COPERATIVE BANK, CHAVAKKAD BRANCH,
          THRISSUR DISTRICT, PIN - 680 001.

          BY ADV P.C.SASIDHARAN, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40828 OF 2022

                                   2


                                JUDGMENT

The petitioner has approached this Court challenging

proceedings under the SARFAESI Act which have been initiated by

the bank for recovery of the amounts due from the petitioner.

2. During the course of hearing, petitioner has confined the

relief to an opportunity for repaying the overdue amount in

instalments and to obtain regularisation of the loan account.

3. It was submitted on behalf of the respondent bank that the

petitioner committed default in repayment of a personal loan

availed for meeting the expenses in connection with the marriage of

the petitioner and the overdue amount as on 30.11.2022 is

Rs.8,88,004/-(Rupees eight lakhs eighty eight thousand and four

only). It was further submitted that though proceedings for recovery

have been initiated, as a matter of indulgence, the respondent bank

is willing to accept repayment of the overdue amount in limited

instalments and regularise the loan account.

4. I have heard the learned counsel for the petitioner as well

as the learned counsel for the respondent.

5. Having regard to the circumstances of the case and the

situation now prevailing, apart from the submissions made as

recorded above, I am of the view that the petitioner can be granted WP(C) NO. 40828 OF 2022

an opportunity to repay the overdue amount in 12 instalments and

thereafter, if the amount so directed is repaid within the time as

directed above, to have the loan account regularised.

6. Accordingly, there will be a direction to the respondent

bank to accept repayment of the entire overdue amount of

Rs.8,88,004/-(Rupees eight lakhs eighty eight thousand and four

only) along with any accrued interest, costs and charges from the

petitioner and regularise the loan account of the petitioner on the

following conditions:

i. The overdue amount of Rs.8,88,004/-(Rupees eight lakhs eighty eight thousand and four only) along with any accrued interest, costs and charges shall be repaid in 12 equated monthly instalments.

ii. The first instalment shall be paid on or before 15.01.2023 and the subsequent instalments shall be paid on or before the 15 th day of every succeeding month.

iii. Petitioner shall continue to pay the regular EMI's along with the instalments directed above.

iv. In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

v. In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 40828 OF 2022

APPENDIX OF WP(C) 40828/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 8/12/2022