Salma Sulaiman vs The Authorized Officer
2023 Latest Caselaw 9100 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                      WP(C) NO. 26747 OF 2023
PETITIONER:

          SALMA SULAIMAN,
          AGED 78 YEARS
          W/O SULAIMAN , H.NO. 14/1639,
          KUMMAMKUZHIPARAMB, DARSANA LANE, THOPPUMPADI,
          KARUVELIPPADY,
          KOCHI, PIN - 682005
          BY ADV. M.R. SASITH
RESPONDENT:

          THE AUTHORIZED OFFICER
          THE MATTANCHERRY SARVAJANIK CO-OPERATIVE BANK LTD.
          NO.3284, HEAD OFFICE AT PB NO. 142, CHERLAI,
          KOCHI, PIN - 682002
          BY ADV. T.A. RAJAN
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.26747 of 2023
                                   2




                             C. S. DIAS, J.
                -------------------------
                       W.P.(C.) No.26747 of 2023
                -------------------------
          Dated this the 23rd day of August, 2023

                             JUDGMENT

The writ petition is filed to direct the

respondent to permit the petitioner to pay the

overdue amount in instalments and regularise the

loan account.

2. The petitioner's case is that, she had

availed a housing loan from the respondent bank

by creating an equitable mortgage by deposit of

title deeds. Due to reasons beyond her control,

she could not pay the instalments on time. The

respondent has initiated proceedings under the

Securitization and Reconstruction of Financial

Assets and Enforcement of Security Interest Act

(in short, 'Act') and is threatening to take WPC No.26747 of 2023

physical possession of the secured asset. The

petitioner is willing to pay the overdue amount in

instalments. Hence, the writ petition.

3. Heard; Sri.Sasith M.R., the learned

Counsel appearing for the petitioner and Sri.T.A.

Rajan, the learned Counsel appearing for the

respondent.

4. Sri.T.A. Rajan, on instructions,

submitted that the overdue amount as on

21.08.2023 is Rs.2,63,710/-. The tenure of the

loan is till 2029. The respondent is willing to

permit the petitioner to pay the overdue amount

in eight equated monthly instalments. The said

submission is recorded.

5. The learned Counsel appearing for the

petitioner prayed that the petitioner may be

granted atleast twenty instalments to pay the

overdue amount.

WPC No.26747 of 2023

6. Having considered the pleadings and

materials on record, the submissions made by the

learned counsel appearing for the parties, the

consensus arrived at between the parties and to

provide the petitioner one last opportunity to

clear off the liability, I am inclined to exercise

the powers of this Court under Article 226 of the

Constitution of India and entertain the writ

petition.

Resultantly, I dispose of the writ petition in

the following manner:

(i) The respondent is directed to defer

further coercive proceedings pursuant to Ext.P1

to enable the petitioner to pay the overdue

amount in equated monthly instalments as stated

below.

(ii) The petitioner is permitted to pay the

overdue amount as stated above with future

interest and cost to the respondent - Bank - in WPC No.26747 of 2023

twelve equated monthly instalments commencing

from 23.09.2023 along with regular EMIs.

(iii) Needless to mention, if the petitioner

commits default in the condition ordered above,

the petitioner would lose the benefit of this

judgment and the respondent would be at liberty

to proceed with recovery proceedings from the

stage it presently stands.

(iv) It is made clear that, no further

application for modification/extension of time

shall be entertained.

Sd/-

C. S. DIAS JUDGE SKP/23-08 WPC No.26747 of 2023

APPENDIX OF WP(C) 26747/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PAPER PUBLICATION OF SALE NOTICE DATED 13/7/2023 EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT BANK RESPONDENT'S EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE