Susan K Xavier vs State Bank Of India
2022 Latest Caselaw 12143 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                        WP(C) NO. 38796 OF 2022
PETITIONER:

          SUSAN K XAVIER
          AGED 39 YEARS
          W/O. ANTONY JOHN, KOOMTHANISSERIL HOUSE, CHINGAVANAM
          P.O., KOTTAYAM , PIN - 686531

          BY ADVS.
          ANEESH JAMES
          JIJO THOMAS
          M.D.BEENA



RESPONDENTS:

    1     STATE BANK OF INDIA
          KOTTAYAM MAIN BRANCH, OPPOSITE MALAYALA MANORAMA
          BUILDING, K.K. ROAD, KOTTAYAM
          REPRESENTED BY ITS CHIEF MANAGER, PIN - 686001

    2     THE AUTHORISED OFFICER
          STATE BANK OF INDIA,
          RACPC KOTTAYAM,
          OPPOSITE BCM COLLEGE,
          K.K. ROAD, KOTTAYAM
          , PIN - 686001


OTHER PRESENT:

          ADV. DEEPA NARAYANAN (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.38796/2022                     -2-

                                 JUDGMENT

The petitioner availed three home loans from the respondent bank and

committed default in repayment, as a result of which proceedings have been

initiated under the provisions of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act (hereinafter referred to as the

SARFAESI Act).

2. The learned counsel for the petitioner states that the term of the loans

have not expired as there was a moratorium for considerable period during the

term. It is submitted that the petitioner may be permitted to clear the overdue

amounts in respect of all the three loans and regularise three loans.

3. The learned counsel for the respondent bank states that the

moratorium period does not have the effect of extending the term and the only

benefit available to the petitioner under the moratorium period is that the

petitioner will be relieved of the obligation to pay installments during the period of

moratorium. It is submitted that the term of two home loans have expired and the

petitioner will have to remit the entire outstanding amount of Rs.3,75,832/- in

installments. In respect of third home loan, the term has not expired and the

petitioner will have to remit the overdue amount of Rs.1,16,500/-.

4. 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 an opportunity to repay the outstanding amount

in respect of two home loans and overdue amount in respect of third home loan, in

twelve (12) instalments.

5. Accordingly, there will be a direction to the respondent bank to accept

repayment of the entire outstanding amount of Rs.3,75,832/- in respect of two

home loans and the overdue amount in respect of third home loan of Rs.1,16,500/-

along with bank charges from the petitioner and regularise the loan account of the

petitioner in respect of third home loan on the following conditions:

(i) The outstanding amount of Rs.3,75,832/- in respect of two home loans together with any accrued interest/costs shall be repaid in twelve (12) equated monthly instalments.

(ii) The overdue amount in respect of third home loan of Rs.1,16,500/- together with any accrued interest and charges shall also be repaid in twelve (12) equated monthly instalments.

(iii) The first instalment in respect of all the loans shall be paid on or before 31-12-2022 and subsequent instalments shall be paid on or before last working day of every succeeding month.

(iv) Petitioner shall continue to pay the regular EMIs in respect of third home loan along with the instalments as directed above.

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

(vi) 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 AMG

APPENDIX OF WP(C) 38796/2022 PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMMUNICATION DATED 10.08.2021 ISSUED TO THE PETITIONER FROM THE REGIONAL BUSINESS OFFICE OF THE 1ST RESPONDENT BANK

Exhibit P2 A TRUE COPY OF THE SPEECH AND LANGUAGE EVALUATION REPORT OF THE PETITIONER'S SON ISSUED FROM THE NATIONAL INSTITUTE OF SPEECH AND HEARING (NISH), TRIVANDRUM

Exhibit P3 A TRUE COPY OF THE CASE SUMMARY AND CARDIAC CATHETERIZATION REPORT OF THE PETITIONER'S MOTHER ISSUED BY THE DEPARTMENT OF CARDIOLOGY, GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOTTAYAM

Exhibit P4 A TRUE COPY OF THE DISCHARGE CARD OF THE PETITIONER'S FATHER ISSUED FROM THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOTTAYAM

Exhibit P5 , A TRUE COPY OF THE STATEMENT PROVIDED BY THE 1ST RESPONDENT BANK TO THE PETITIONER DATED 02.05.2021 WITH RESPECT TO THE DEFERMENT OF INSTALMENTS IN LOAN ACCOUNT NO. 30110162215

Exhibit P6 A TRUE COPY OF THE STATEMENT PROVIDED BY THE 1ST RESPONDENT BANK TO THE PETITIONER DATED 02.05.2021 WITH RESPECT TO THE DEFERMENT OF INSTALMENTS IN LOAN ACCOUNT NO. 30231125707

Exhibit P7 A TRUE COPY OF THE STATEMENT PROVIDED BY THE 1ST RESPONDENT BANK TO THE PETITIONER DATED 02.05.2021 WITH RESPECT TO THE DEFERMENT OF INSTALMENTS IN LOAN ACCOUNT NO. 30747642516

Exhibit P8 A TRUE COPY OF THE DEMAND NOTICE DATED 13.05.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER UNDER SECTION 13(2) OF THE SARFAESI ACT

Exhibit P9 A TRUE COPY OF THE NOTICE DATED 19.11.2022 ISSUED BY ADV. SURESH KUMAR, THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM IN M.C. NO. 550/2022 TO THE PETITIONER

Exhibit P10 A TRUE COY OF THE REPRESENTATION DATED 28.11.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT BANK