Kerala High Court
Seema Shaji vs Authorised Officer on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
WP(C) NO. 9609 OF 2022
PETITIONER :
SEEMA SHAJI, AGED 47 YEARS,
W/O. SHAJI GEORGE, KALAPPURAKKAL HOUSE, NEERATTUPURAM
P.O, THALAVADY, ALAPPUZHA, PIN - 689 571.
BY ADVS. SARASWATHI PALEREKEEZHIL
& BASIL MATHEW
RESPONDENT :
1 AUTHORIZED OFFICER, STATE BANK OF INDIA, (ERSTWHILE
STATE BANK OF TRAVANCORE), ASSET RECOVERY MANAGEMENT
BRANCH, 1ST FLOOR, R.S. BUILDING, M.G. ROAD, ERNAKULAM
- 682 011.
2 BRANCH MANAGER, STATE BANK OF INDIA (ERSTWHILE STATE
BANK OF TRAVANCORE), ARTHICHARY BRANCH, CHAKKULUATHU
KAVILAMMA BUILDING, NEERATTUPURAM P.O, ALAPPUZHA
DISTRICT - 689 571.
BY ADV.SRI.TOM THOMAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9609 OF 2022
2
BECHU KURIAN THOMAS, J
..............................................
W.P.(C) No.9609 of 2022
.....................................
Dated this the 22 nd day of March, 2022
JUDGMENT
The writ petition is filed seeking a direction to
regularise the loan account of the petitioner by
permitting repayment of the defaulted amount in '18'
equated monthly instalments.
2. Sri.Tom K.Thomas, learned Standing Counsel for the
respondents, upon instructions, submitted that the
total outstanding amount due from the petitioner is
Rs.39,06,578/- and the Bank is not willing to permit
the regularisation of the loan account by accepting
the overdue amount. However, the respondent-Bank
is willing to accept repayment of the entire
outstanding amount in reasonable instalments.
3. The learned counsel for the petitioner submitted that
WP(C) NO. 9609 OF 2022
she has preferred a securitisation application against
the steps initiated by the respondent-Bank for
enforcing the security interest and that due to default
on the part of the representative of the petitioner, the
securitisation application could not be numbered.
4. Having regard to the circumstances and after hearing
Sri.Basil Mathew, the learned counsel for the
petitioner as well as Sri.Tom K.Thomas, the learned
Standing Counsel for respondent-Bank, I am of the
view that the petitioner ought to be granted a
breathing time to approach the Debts Recovery
Tribunal against the steps initiated by the respondent
for enforcing the security interest.
5. In view of the above, the writ petition is disposed of
on the following conditions :
(i) Petitioner is hereby directed to deposit an
amount of Rs.2,00,000/- [Rupees Two lakhs only]
WP(C) NO. 9609 OF 2022
on or before 11.04.2022.
(ii) If the said amount is deposited, the
respondent-Bank shall defer the coercive
proceedings initiated against the petitioner till
18.04.2022, within which period, the petitioner
must approach the DRT.
(iii) It is clarified that, if the petitioner fails to
make the said payment, the respondent-Bank shall
be free to proceed in accordance with law.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/23/03//2022
WP(C) NO. 9609 OF 2022
APPENDIX OF WP(C) 9609/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE REQUEST LETTER SUBMITTED
BY THE PETITIONER DATED 10.05.2016.
Exhibit P2 TRUE COPY OF THE 13(2) NOTICE ISSUED BY
THE 1ST RESPONDENT DATED 19.08.2015.
Exhibit P3 TRUE COPY OF THE STATEMENT OF ACCOUNT
EVIDENCING DEPOSIT OF AMOUNT DATED
03.07.2018.
Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE ISSUED
BY THE RESPONDENT DATED NIL.
Exhibit P5 THE TRUE COPY OF NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER IN M.C.NO. 94/2022
OF CHIEF JUDICIAL MAGISTRATE COURT,
ALAPPUZHA DATED 09.03.2022.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
