Smitha Elizabeth vs The State Bank Of India
2022 Latest Caselaw 7966 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                        WP(C) NO. 19280 OF 2022
PETITIONER/S:

     1     SMITHA ELIZABETH,
           AGED 42 YEARS
           PADAMATTUMEL HOUSE, PALLIPURAM, CHERAI P.O- 683 515
           REPRESENTED THROUGH HER FATHER AND POWER OF ATTORNEY,
           RAPHEL MATHEW, AGED 68 YEARS, S/O MATHEW,PADAMATTUMEL
           HOUSE, PALLIPURAM, CHERAI P.O- 683 515, PIN - 683515

     2     RAPHEL MATHEW, AGED 68 YEARS
           PADAMATTUMEL HOUSE, PALLIPURAM, CHERAI P.O- 683 515,
           PIN - 683515

           BY ADVS.
           STIYA SIVAN
           K.R.RENJU
           ANILA ANTONY
           P.U.VINOD KUMAR


RESPONDENT/S:

     1     THE STATE BANK OF INDIA
           THE STATE BANK OF INDIA, CHERAI, AB SQUARE, DEVASAMNADA
           CHERAI P.O, REGIONAL OFFICE AT RASMEC, 2ND FLOOR, ALUVA
           METRO STATION BUILDING, ALUVA- 683 101 REPRESENTED BY
           ITS CHIEF MANAGER., PIN - 683101

     2     CHIEF MANAGER, STATE BANK OF INDIA, CHERAI,
           CHIEF MANAGER, STATE BANK OF INDIA, CHERAI,AB SQUARE,
           DEVASAMNADA CHERAI P.O, REGIONAL OFFICE AT RASMEC, 2ND
           FLOOR, ALUVA METRO STATION BUILDING, ALUVA- 683 101,
           PIN - 683101

           BY ADVS.
           K.K.CHANDRAN PILLAI (SR.)
           S.AMBILY



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

WP(C) NO. 19280 OF 2022

The petitioners have approached this Court, challenging

proceedings under the SARFAESI Act which have been initiated

by the bank for recovery of the amounts due from the

petitioners.

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 account. It

is submitted that the 1st petitioner is suffering from a serious

disease (Brain Tumor) and reference is made to Ext.P4 in this

regard.

3. It was submitted on behalf of the respondent bank

that the petitioners committed default in repayment and the

overdue amount is Rs.3,70,200/-(Rupees three lakhs seventy

thousand two hundred only). 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 twelve instalments and

regularise the loan account.

4. I have heard the learned counsel for the petitioners as WP(C) NO. 19280 OF 2022

well as the learned 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 overdue amount in 20

instalments 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.3,70,200/-(Rupees three lakhs seventy thousand two

hundred only) along with bank charges from the petitioners and

regularise the loan account of the petitioners on the following

conditions:

i. The overdue amount of Rs.3,70,200/-(Rupees three lakhs seventy thousand two hundred only) along with any accrued interest and charges shall be repaid in 20 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. Petitioners shall continue to pay the regular EMI's along with the instalments directed above. WP(C) NO. 19280 OF 2022

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 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 ajt WP(C) NO. 19280 OF 2022

APPENDIX OF WP(C) 19280/2022

PETITIONER EXHIBITS

Exhibit1 A TRUE COPY OF THE NOTARIZED POWER OF ATTORNEY DATED 23/08/2014 EXECUTED BY THE 1ST PETITIONER IN FAVOR OF 2ND RESPONDENT FOR THE LOAN PURPOSE IS PRODUCED ALONG WITH THIS WRIT PETITION

Exhibit2 A TRUE COPY OF THE STATEMENT OF ACCOUNT FROM 05/02/2015 TO 21/04/2022 ISSUED BY THE STATE BANK OF INDIA, CHERAI IS PRODUCED ALONG WITH THIS WRIT PETITION.

Exhibit3 A TRUE COPY OF THE POSSESSION NOTICE DATED 30/03/2022 ISSUED BY THE RESPONDENT BANK IS PRODUCED HEREWITH.

Exhibit4 A TRUE COPY OF THE CASE SUMMARY AND DISCHARGE RECORD ISSUED BY THE DEPARTMENT OF NEUROSURGERY IN LITTLE FLOWER HOSPITAL AND RESEARCH CENTRE ANGAMALY IS PRODUCED HEREWITH.