Abdu Rahiman vs The South Indian Bank Ltd
2022 Latest Caselaw 9098 Ker

W.P(C).23806/22                         1



                  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. 23806 OF 2022
PETITIONER/S:

              ABDU RAHIMAN
              AGED 66 YEARS
              PLAKKAL HOUSE, HERBERT CANAL, INCHAMUDI P.O.,
              THRISSUR DISTRICT.
              , PIN - 680561
              BY ADVS.
              P.SAMSUDIN
              MILAN RACHEL MATHEW
              LIRA A.B.


RESPONDENT/S:

      1       THE SOUTH INDIAN BANK LTD
              REPRESENTED BY ITS AUHTORISED OFFICER (CHIEF MANAGER),
              REGIONAL OFFICE, THRISSUR, PLATINUM JUBILEE BUILDING,
              CIVIL LANE ROAD, AYYANTHOLE, THRISSUR DISTRICT.
              , PIN - 680003
      2       2. THE AUTHORISED OFFICER/CHIEF MANAGER
              THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, THRISSUR,
              PLATINUM JUBILEE BUILDING, CIVIL LANE ROAD,
              AYYANTHOLE, THRISSUR DISTRICT.
              , PIN - 680003
OTHER PRESENT:

              SRI. SUNIL SHANKAR (SC)


      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).23806/22                             2




                                   JUDGMENT

Petitioner has 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 term loan availed by

the petitioner.

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

an opportunity for repaying the overdue amounts 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 and the total overdue amount is

Rs.56,72,040/- as on today (27.7.2022). 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 loan account.

4. I have heard the learned counsel for the petitioner 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 also taking into account the fact that the petitioner has undertaken to clear

off the overdue amount including any accrued interests and costs along with

regular instalments, I am of the view that the petitioner can be granted an

opportunity to clear off the overdue amount in twelve (12) equal instalments

first of which shall be paid on or before 16.8.2022 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.56,72,040/- along with

accrued interest and costs from the petitioner and regularise the loan account

of the petitioner on the following conditions:

(i) The overdue amount of Rs.56,72,040/- together with any accrued interest and charges shall be repaid in twelve (12) equated monthly instalments.

(ii) The first instalment shall be paid on or before 16.8.2022 and the subsequent instalments shall be paid on the last working day of every succeeding month.

(iii) Petitioner shall continue to pay the regular instalments 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 amount, 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) 23806/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE PETITION, ALONG WITH SUPPORTING AFFIDAVIT, IN CRL.MC 129/2022 ON THE FILE OF CJM COURT THRISSUR Exhibit P2 TRUE COPY OF THE NOTICE DATED 09-06-2022 ISSUED BY THE THE ADVOCATE COMMISSIONER TO THE PETITIONER Exhibit-P3 TRUE COPY OF THE RECEIPT DATED 26-05-2022 OF THE PAYMENT MADE BY THE PETITIONER Exhibit-P4 TRUE COPY OF THE RECEIPT DATED 22-06-2022 OF THE PAYMENT MADE BY THE PETITIONER Exhibit-P5 TRUE COPY OF THE RECEIPT DATED 29-06-2022 OF THE PAYMENT MADE BY THE PETITIONER