Kerala High Court
Usha Thomas vs Union Bank Of India on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 19106 OF 2022
PETITIONERS:
1 USHA THOMAS
AGED 57 YEARS
W/O. THOMAS VARGHESE, THALIANICKAL, MAKKAPUZHA P.O.,
RANNI, PLACHERY, PATHANAMTHITTA,PIN-689 676
2 THOMAS VARGHESE,
AGED 60 YEARS
S/O. VARGHESE, THALIANICKAL, MAKKAPUZHA P.O., RANNI,
PLACHERY, PATHANAMTHITTA,PIN-689 676
BY ADVS.
P.HARIDAS
P.C.SHIJIN
SHIJIMOL M.MATHEW
BIJU HARIHARAN
RISHIKESH HARIDAS
RESPONDENTS:
1 UNION BANK OF INDIA
REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL
OFFICE, KOTTAYAM, III FLOOR, AMALA TOWERS, ADICHIRA
JUNCTION, KOTTAYAM,PIN-686 630
2 THE BRANCH MANAGER,
UNION BANK OF INDIA, RANNI BRANCH, THAMARASSERIL
BUILDING, MAMUKKU, PAZHAVANGADI P.O., RANNI,
PATHANAMTHITTA,PIN-689 673
OTHER PRESENT:
SHRI. A.S.P KURUP (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.19106/2022 2
JUDGMENT
Petitioners 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 agricultural loan
availed by the petitioners.
2. During the course of hearing, petitioners have confined the relief to
an opportunity for repaying the outstanding amount in instalments.
3. It was submitted on behalf of the respondent bank that the
petitioners committed default in repayment and the outstanding amount is
Rs.5,48,657/- as on 23.6.2022. 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 outstanding amount in
limited instalments.
4. I have heard the learned counsel for the petitioners as well as the
learned Standing Counsel for the respondents.
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 petitioners can be granted an opportunity to repay the
outstanding amount in twelve (12) instalments.
6. Accordingly, there will be a direction to the respondent bank to
accept repayment of the entire outstanding amount of Rs.5,48,657 /- along
with bank charges from the petitioners on the following conditions:
(i) The outstanding amount of Rs.5,48,657/-together with any
accured interest/costs shall be repaid in twelve (12) equated
monthly instalments
(ii) The first instalment shall be paid on or before 15.07.2022
and subsequent instalments shall be paid on or before 15 th of
every succeeding month.
(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
acd
APPENDIX OF WP(C) 19106/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE 1ST PETITIONER DATED
04.09.2019
Exhibit P2 TRUE COPY OF THE NOTICE UNDER SECTION
13(2) OF THE SARFAESI ACT ISSUED BY THE
1ST RESPONDENT TO THE PETITIONERS DATED
20.09.2019
Exhibit P3 TRUE COPY OF THE RECEIPTS OF PAYMENT BY
THE PETITIONERS DATED 07.04.2022 AND
11.04.2022
Exhibit P3A TRUE COPY OF THE RECEIPTS OF PAYMENT BY
THE PETITIONERS TOWARDS AGRICULTURAL LOAN
ACCOUNT DATED 13.04.2022 AND 28.04.2022
Exhibit P3B TRUE COPY OF THE RECEIPTS OF PAYMENT BY
THE PETITIONERS TOWARDS AGRICULTURAL LOAN
ACCOUNT DATED 29.04.2022 AND 04.05.2022
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONERS DATED 27.05.2022
Exhibit P5 TRUE COPY OF THE LEASE DEED IN FAVOUR OF
THE 1ST PETITIONER DATED 20.04.2022
