Kerala High Court
Laila Sunil vs The Authorized Officer on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 3478 OF 2022
PETITIONER:
LAILA SUNIL, AGED 47 YEARS
W/O. M. SUNIL,
RESIDING AT SREESHANKARAM,
KUREEPUZHA P.O., PERINADU,
KOLLAM 691 601.
BY ADV S.SUJINI
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
THE COASTAL URBAN CO- OPERATIVE BANK LTD.,
NO. 3036, HEAD OFFICE,
NEAR CIVIL STATION, KOLLAM 691 013.
2 THE AUTHORISED OFFICER,
THE COASTAL URBAN CO - OPERATIVE BANK LTD, NO. 3036,
NEAR THRIKADAVOOR MAHADEVA TEMPLE,
KADAVOOR, KOLLAM 691 601.
BY ADVS.
SUBHASH CYRIAC
S.SREEJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.3478 of 2022
2
BECHU KURIAN THOMAS, J
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W.P.(C) No.3478 of 2022
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Dated this the 16 th day of March, 2022
JUDGMENT
Petitioner as borrower from the respondent-Bank, has committed default
in repayment. Consequently, proceedings have been initiated by the
Bank for recovery of the amounts due.
2. During the course of the 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 petitioner
committed default in repayment and the overdue amount is
Rs.47,21,945/-. 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 Smt.Sujini.S., the learned counsel for the petitioner as well
as Sri.Subhash Cyriac, the learned Standing counsel for 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 petitioner can be granted an opportunity to repay the
overdue amount in '15' instalments and thereafter, if the amount so
WP(C) NO.3478 of 2022
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.47,21,945/- along with
bank charges from the petitioner and to regularise the loan account of
the petitioner on the following conditions:
(i). The overdue amount of Rs.47,21,945/- shall be repaid in '15'
equated monthly instalments.
(ii). The first instalment shall be paid on or before 16.04.2022.
(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 initiated against the petitioner shall be
kept in abeyance.
The writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/17/03//2022
WP(C) NO.3478 of 2022
APPENDIX OF WP(C) 3478/2022
PETITIONER EXHIBITS
Exhibit P1 TAX RECEIPT DATED 13.04.2021 OF THE
PETITIONER'S PROPERTY.
Exhibit P2 TRUE COPY OF THE NOTICE UNDER SECTION 13
(2) OF THE SARFAESI ACT 2002 DATED
28.10.2021 ISSUED BY THE IST RESPONDENT
BANK.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
20.12.021 SUBMITTED BY THE PETITIONER TO
THE IST AND 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPLY LETTER DATED
03.01.2022 ISSUED BY THE IST RESPONDENT
TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 25.08.2021 OF THE PETITIONER.
Exhibit P6 TRUE COPY OF THE NOTICE OF POSSESSION
UNDER SECTION 13 (4) OF THE SARFAEST ACT
2002 DATED 20.01.2022.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
24.01.2022 THROUGH E MAIL TO THE IST AND
2ND RESPONDENTS.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
