Archana vs The Authorised Officer
2022 Latest Caselaw 6675 Ker

Citation : 2022 Latest Caselaw 6675 Ker
Judgement Date : 9 June, 2022

Kerala High Court

Archana vs The Authorised Officer on 9 June, 2022

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                          WP(C) NO. 7588 OF 2022
PETITIONER:

       1          ARCHANA
                  AGED 34 YEARS
                  D/O SURENDRAN S, VILAYIL KIZHAKKATHIL, MARU
                  SOUTH, ALUMKADAVU P O, KARUNAGAPPALLY, KOLLAM-
                  690573.

                  BY ADV M.R.SASITH


RESPONDENT/

                  1.  THE AUTHORISED OFFICER
                      KERALA GRAMIN BANK, KARUNAGAPPALLY BRANCH,
                      ALUMKADAVU ROAD, KARUNAGAPPALLY-690518.
2



                  2.   VINOD KUMAR
                       S/O THANKAPPAN, ATTUPURATHU, PADA NORTH,
                       KARUNGAPPALLY P O, KOLLAM-690518.
                   ADV.M.GOPIKRISHNAN NAMBIAR - SC FOR R1
           THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION          ON   09.06.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.7588 of 2022         :2:



                          JUDGMENT

Dated this the 9th day of June, 2022

The petitioner, who is the wife of one Mr.Vinod Kumar,

has approached this Court seeking to direct the 1 st

respondent to grant 12 monthly instalments facility to pay the

entire defaulted arrears and to keep in abeyance all coercive

proceedings under Ext.P2.

2. The petitioner states that she availed a housing loan

from the 1st respondent-Bank. The loan amount was Rs.7

lakhs. The petitioner's husband is residing abroad as part of

his job and he is not in a position to come to India. The

repayment of the housing loan was defaulted and the Bank

has initiated coercive proceedings as per Ext.P2. The

petitioner is ready and willing to clear off the outstanding

arrears, provided the petitioner is given a breathing time. Any

proceedings to take possession of the land from the

petitioner will put the petitioner into untold hardship and

misery.

3. The Standing Counsel for the 1 st respondent Bank

submitted that the total outstanding amount due from the

petitioner is more than Rs.10 lakhs. The overdue arrears as

on date would itself come to Rs.3,06,371/-. The petitioner

has deliberately committed defaults in making the

repayments.

4. In such circumstances, the 1 st respondent had no

other go than to proceed under the SARFAESI Act.

Therefore, the 1st respondent initiated Ext.P2 proceedings.

Ext.P2 proceedings are not liable to be interfered with by this

Court. The Standing Counsel for the 1 st respondent,

however, submitted that if the petitioner is ready and willing

to clear off the entire arrears, a breathing time can be

granted to the petitioner, provided the petitioner continues to

pay the arrears in equal monthly instalments promptly.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel for the respondents.

6. The petitioner had availed a housing loan of Rs.7

lakhs. From the pleadings, it appears that the petitioner has

been making remittances regularly during the initial period.

Subsequently, due to certain reasons, the instalments were

defaulted. Now, the 1st respondent has initiated proceedings

as discernible from Ext.P2.

7. In view of the submissions made at the Bar, this

Court is of the view that the petitioner can be given a

reasonable time to clear off the outstanding liabilities. In the

circumstances of the case, the writ petition is disposed of

with the following directions:

1) The petitioner shall remit an amount of

Rs.50,000/- within one month.

2) The balance outstanding arrears along with

accruing interest and other charges, if any, shall be

paid in 10 equal consecutive monthly instalments

thereafter.

3) The petitioner shall make the aforesaid

remittances along with EMIs/regular monthly

instalments.

4) If the petitioner makes the payments as directed

above, the respondent shall defer coercive proceedings,

if any, against the petitioner or the sureties.

5) If the petitioner makes any default in repayment

as directed above, the 1st respondent will be at liberty

to proceed against the petitioner, in accordance with

law.