Kerala High Court
Raji Ashok vs The Manager on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 19215 OF 2022
PETITIONER/S:
1 RAJI ASHOK
AGED 48 YEARS,W/O ASHOK KUMAR PUTHUPARAMBIL HOUSE,
SACHIVOTHAMAPURAM P.O. KURICHY, KOTTAYAM - 686532.
2 ASHOK KUMAR P.T.
S/O THANKACHAN , PUTHUPARAMBIL HOUSE,
SACHIVOTHAMAPURAM P.O. KURICHY, KOTTAYAM - 686532
BY ADVS.T.SANJAY
SANIL KUMAR G.
RAVEENDRAN K.
MIDHUN R.
RESPONDENT/S:
1 THE MANAGER
KOTTAYAM DISTRICT CO- OPERATIVE BANK LIMITED
(PRESENTLY KERALA BANK) KURICHY BRANCH, KOTTAYAM
(DIST). PIN 686532.
2 THE AUTHORIZED OFFICER,
KOTTAYAM DISTRICT CO- OPERATIVE BANK LIMITED
(PRESENTLY KERALA BANK) KOTTAYAM REGIONAL OFFICE, PB
NO.140, CENTRAL JUNCTION, KOTTAYAM, PIN : 686001.
3 THE CHIEF EXECUTIVE OFFICER,
THE KERALA STATE CO-OPERATIVE BANK LTD, (NOW KERALA
BANK, PB NO 6515, COBANK TOWERS,PALAYAM,
THIRUVANANTHAPURAM, KERALA. PIN 695 033.
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY FOR CO OPERATION, DPI
JUNCTION, THYCADU PO, THIRUVANANTHAPURAM, PIN : 695
014
DR.THUSHARA JAMES, SR.GOVT. PLEADER
BY ADV SRI.ATHUL SHAJI, SC, KOTTAYAM DISTRICT
CO.OPERATIVE BANK LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).19215/22 2
JUDGMENT
Petitioners, who are the wife and husband respectively, have approached
this Court challenging proceedings initiated under the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act
(hereinafter referred to as the Securitisation Act) for recovery of the amounts
due upon a housing loan availed by the 1st petitioner and an ordinary loan
availed by the 2nd petitioner.
2. During the course of hearing, petitioners have confined the relief to an
opportunity for repaying the overdue amount in instalments and to obtain
regularisation of the loan accounts.
3. It was submitted on behalf of the respondent bank that the 1st
petitioner committed default in repayment of the loans and the total overdue
amount is Rs.10,65,169/- as on 30.6.2022. 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 housing loan account.
4. I have heard the learned counsel for the petitioners as well as the
learned Standing Counsel for the respondent Bank.
5. Having regard to the facts and circumstances of the case and the
situation now prevailing, apart from the submissions made as recorded above
and considering the fact that one of the loans is a housing loan and also taking
into account the fact that the petitioners have undertaken to clear off the
overdue amount along with regular EMIs, I am of the view that the petitioners
can be granted an opportunity to clear off the overdue amount in twenty (20)
equal instalments of which Rs.3,00,000/- shall be paid on or before 26.8.2022
and thereafter, if the amount so directed is repaid within the time as directed
above, to have the housing loan account regularised.
6. Accordingly, there will be a direction to the respondent bank to accept
repayment of the entire overdue amount of Rs.10,65,169/- along with bank
charges from the petitioners and regularise the housing loan account on the
following conditions:
(i) The petitioners shall pay an amount of Rs.3,00,000/- on or before
26.8.2022 and thereafter the balance overdue amount together with
any accrued interest and charges shall be repaid in twenty (20)
equated monthly instalments starting from 14.9.2022.
(ii) Petitioners shall continue to pay the regular EMIs along with the
instalments directed above.
(iii) In the event of default of any one instalment, the respondent bank
shall be entitled to proceed in accordance with law.
(iv) In order to enable the petitioners 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
okb/27.7
//True copy// P.S. to Judge
APPENDIX OF WP(C) 19215/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LOAN SANCTIONING INTIMATION
DATED 17.12.2011 ISSUED BY THE OFFICE OF THE
1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE CARD ISSUED BY THE 1ST
RESPONDENT BANK SHOWING LOAN DETAILS OF THE
1ST PETITIONER.
Exhibit P3 TRUE COPY OF CASH RECEIPT DATED 29.04.2014
ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED
03.04.2017 ISSUED BY THE DEPARTMENT OF CARDIO
VASCULAR & THORACIC SURGERY IN RESPECT OF THE
MOTHER OF THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
25.03.2021 ISSUED BY THE FROM DEPARTMENT OF
RADIATION ONCOLOGY, GOVT MEDICAL COLLEGE
KOTTAYAM IN RESPECT OF THE MOTHER OF THE 1ST
PETITIONER.
Exhibit P6 TRUE COPY OF THE DISBURSAL/REMITTANCE RECORD
OF AMOUNT OF RS. 3,65,000/- AS LOAN ON
29.03.2016 IN THE SAVINGS ACCOUNT BEARING
NO.4271 OF THE 2ND PETITIONER.
Exhibit P7 TRUE COPY OF THE NOTICE BEARING NO.(543/2021)
DATED 29.11.2021 SENT BY THE 2ND RESPONDENT
ADDRESSED TO THE 1ST PETITIONER.
Exhibit P8 TRUE COPY OF THE NOTICE BEARING NO.(541/2021)
DATED 29.11.2021 SENT BY THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE NOTICE DATED 16.05.2022
ISSUED BY THE ADVOCATE COMMISSIONER.
Exhibit P10 TRUE COPY OF THE REQUEST DATED 01.06.2022
WRITTEN BY THE PETITIONERS TO THE 1ST AND 2ND
RESPONDENTS.
Exhibit P11 TRUE COPY OF THE ORDER DATED 01.12.2016
ISSUED BY GOVT OF KERALA.
Exhibit P12 TRUE COPY OF THE RBI LETTER DATED 27.03.2020.
Exhibit P13 TRUE COPY OF THE LAND TAX RECEIPT FOR THE
YEAR 2021-2022.
Exhibit P14 TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
YEAR 2021-2022
Exhibit P15 A TRUE COPY OF REPRESENTATION LETTER DATED
18.07.2022 SUBMITTED BY THE 1ST AND 2ND
PETITIONER TO THE RESPONDENT BANK.
