Kerala High Court
Anoop V vs Union Bank Of India on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17522 OF 2022
PETITIONERS:
1 ANOOP V,
AGED 35 YEARS,
S/O.HENSALEENA RACHEL, PROP. M/S.QUICKWELL PRESS,
JESUS COTTAGE, NILAMAMOODU JUNCTION, CHERIYAKOLLA P.O.,
THIRUVANANTHAPURAM - 695 504.
2 HENSALEENA RACHEL, AGED 55 YEARS, W/O.VIDHYADHARAN,
JESUS COTTAGE, NILAMAMOODU JUNCTION, CHERIYAKOLLA P O,
THIRUVANANTHAPURAM - 695 504.
BY ADV S.NIKHIL SANKAR
RESPONDENT:
UNION BANK OF INDIA
REPRESENTED BY ITS AUTHORIZED OFFICER,
TRIVANDRUM MAIN BRANCH, UNION BANK BUILDING,
POST BOX NO.307, M.G.ROAD, STATUE,
THIRUVANANTHAPURAM - 695 001.
BY SRI.A.S.P.KURUP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17522 OF 2022
2
JUDGMENT
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.
3. It was submitted on behalf of the respondent bank that
the petitioners committed default in repayment and the overdue
amount is Rs.18,56,000/- (Rupees eighteen lakhs fifty six thousand
only) in respect of two loans. 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 Adv.S.Nikhil Sankar, learned counsel for the
petitioners as well as Adv.A.S.P.Kurup, the learned counsel for the
respondent.
5. Having regard to the circumstances of the case apart from
the submissions made as recorded above, I am of the view that the
WP(C) NO. 17522 OF 2022
petitioners can be granted an opportunity to repay the overdue
amount in 12 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.18,56,000/- (Rupees eighteen lakhs fifty six thousand 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.18,56,000/- (Rupees
eighteen lakhs fifty six thousand only) shall be repaid in 12
equated monthly instalments.
(ii) The first instalment shall be paid on or before
30.06.2022.
(iii) Petitioners 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 petitioners to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
If the petitioners comply with the above conditions, all further
proceedings initiated against them under the provisions of the
WP(C) NO. 17522 OF 2022
SARFAESI Act shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 17522 OF 2022
APPENDIX OF WP(C) 17522/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO THE 2ND PETITIONER BY THE
ASSOCIATE PROFESSOR, DEPARTMENT OF
GENERAL MEDICINE, DR.SOMERVELL MEMORIAL
C.S.I.MEDICAL COLLEGE & HOSPITAL,
KARAKONAM, THIRUVANANTHAPURAM DATED
23/05/2022.
Exhibit P2 TRUE COPY OF THE SALE NOTICE ISSUED BY
THE RESPONDENT DATED 09/05/2022.
Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 17/05/2022.
