Saju K Sunny vs The Thrichur Urban Co-Operative ...
2022 Latest Caselaw 7576 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
       FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                        WP(C) NO. 20564 OF 2022
PETITIONER:

          SAJU K SUNNY
          AGED 41 YEARS
          S/O. SUNNY,
          KANJIRATHINKAL (H),
          POP NAGAR, MANNUTHY (P.O.),
          THRISSUR 680 651.

          BY ADVS.
          S.MUMTAZ
          ALISHA ASLAM



RESPONDENT:

          THE THRICHUR URBAN CO-OPERATIVE BANK REP BY THE
          AUTHORIZED OFFICER,
          REPRESENTED BY THE AUTHORIZED OFFICER, MISSION
          QUARTERS, THRISSUR 680 001.


OTHER PRESENT:

          SRI. DEVAPRASANTH P.J. (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20564 OF 2022
                                     2

                             JUDGMENT

Petitioner has approached this Court challenging proceedings

initiated under the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 (hereinafter referred to as

the Securitisation Act) for recovery of the amounts due upon a loan

availed by the petitioner.

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

relief to an opportunity for repaying the overdue amount 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 overdue amount is

Rs.1,21,028/- as on 24.06.2022. 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 along with regular EMIs,

I am of the view that the petitioner can be granted an opportunity to clear WP(C) NO. 20564 OF 2022

off the overdue amount in five (5) equal instalments first of which shall be

paid on or before 15.07.2022 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.1,21,028/- as on

24.06.2022 along with bank charges from the petitioner and regularise

the loan account of the petitioner on the following conditions:

(i) The overdue amount of Rs.1,21,028/- as on 24.06.2022 together with any accrued interest and charges shall be repaid in five equated monthly instalments.

(ii) The first instalment shall be paid on or before 15.07.2022 and the subsequent instalments shall be paid on the last working day of every succeeding month.

(iii) Petitioner shall continue to pay the regular EMI's 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 amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE bng/24.06.2022 WP(C) NO. 20564 OF 2022

APPENDIX OF WP(C) 20564/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF POSSESSION NOTICE DATED 19/04/2022.

Exhibit P2 REQUEST LETTER DATED 07/05/2022 GIVEN BY THE PETITIONER TO THE RESPONDENT.