Kerala High Court
Shaji T.K vs The Manager on 6 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
WP(C) NO. 15419 OF 2022
PETITIONER/S:
1 SHAJI T.K., AGED 56 YEARS,
S/O.KUMARAN, THAKIDIYEL HOUSE, CHENNAKUNNU P.O,
CHIRAKADAVU, KOTTAYAM PIN 686 506
2 SALINI RAJAPPAN, AGED 43 YEARS
W/O. SHAJI P.K, THAKIDIYEL HOUSE, CHENNAKUNNU P.O,
CHIRAKADAVU, KOTTAYAM PIN 686 506
3 LEELAMMA, AGED 70 YEARS
W/O. RAJAPPAN, THAKIDIYEL HOUSE, CHENNAKUNNU P.O,
CHIRAKADAVU, KOTTAYAM PIN 686 506
BY ADVS.
M.K.ABOOBACKER
D.M.NOWFAL
RESPONDENT/S:
1 THE MANAGER, STATE BANK OF INDIA, PONKUNNAM BRANCH,
KOTTAYAM, PIN 686 506
2 THE AUTHORIZED OFFICER, M/S. STATE BANK OF INDIA,
RASMECCC, 2ND FLOOR, MARETTE TOWER, PALACE ROAD,
CHANGANASSERY, PIN 686 102
BY ADVS.
K.K.CHANDRAN PILLAI (SR.)
S.AMBILY
OTHER PRESENT:
SC, SRI JITHESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.15419 of 2022
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JUDGMENT
The petitioners have approached this Court challenging the
recovery proceedings initiated by the respondent bank in respect of
a housing loan and top up loan availed by the petitioners.
2. When this matter is taken up for consideration today, it is the
submission of the learned Standing Counsel for the respondent
bank that the earlier proceedings initiated against the petitioners
were kept in abeyance taking note of the undertaking of the
petitioners that they will clear off the overdue amount within a
short time and it is, on failure of the said undertaking that Ext.P3
notice was issued. It is further submitted that the overdue amount
is Rs.5,36,391/- (Rupees five lakh thirty six thousand three
hundred and ninety one only).
3. The learned counsel for the petitioners, with reference to Ext.P2
Medical Certificate, would submit that the 1 st petitioner suffered a
stroke and is under treatment and it is on account of his genuine
difficulties that he could not repay the amount as promised.
However, it is submitted that the petitioners would remit a sum of
Rs.1,00,000/- (Rupees one lakh only) within a period of one month
provided the balance of the overdue amount is permitted to be paid
in ten equal monthly instalments.
4. The learned Standing Counsel for the respondent bank opposed the
WP(C) No.15419 of 2022
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prayer for ten instalments. It is the submission of the learned
Standing Counsel that a shorter period may be fixed.
5. Having regard to the facts and circumstances of the case and also
taking into account Ext.P2 Medical Certificate, I am of the view that
the writ petition can be disposed of, in the following manner.
a) The petitioners shall remit a sum of Rs.1,00,000/- (Rupees
one lakh only) within a period of one month from today, which
shall be adjusted against the overdue amount;
b) The balance overdue amount shall be paid in ten equal
monthly instalments starting from 01.07.2022;
c) The petitioners shall continue to pay the regular EMIs along
with the instalments directed above.
d) In the event of default of any one instalment or regular EMI,
the respondent bank shall be entitled to proceed in accordance
with law.
If the petitioners comply with the aforesaid conditions, all coercive
proceedings shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
bka/06.05.2022
WP(C) No.15419 of 2022
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APPENDIX OF WP(C) 15419/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE DEMAND NOTICE UNDER
SECTION 13 (20 OF THE SARFAESI ACT
DATED 2-1-2020
Exhibit P2 COPY OF THE MEDICAL CERTIFICATE
SHOWING THAT THE PETITIONER UNDER
TREATMENT IN GOVERNMENT AYURVEDA
HOSPITAL, PAMBADY DATED 2502-2022
Exhibit P3 COPY OF THE POSSESSION NOTICE UNDER
8(10 OF THE SECURITY INTEREST
(ENFORCEMENT) RULES, 2002
