Maimoona vs The Kerala State Co-Operative Bank Ltd
2023 Latest Caselaw 13477 Ker

Kerala High Court

Maimoona vs The Kerala State Co-Operative Bank Ltd on 21 December, 2023

Author: N.Nagaresh

Bench: N.Nagaresh

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
                     WP(C) NO. 43414 OF 2023
PETITIONER:

          MAIMOONA
          AGED 55 YEARS, W/O MUHAMMAD KOYA
          KUNDANCHOLA HOUSE, ERANJIMAGADU P O
          AKAMPADAM, NILAMBUR MALAPPURAM - 679329.

          BY ADVS.
          R.SURAJ KUMAR
          RAVIVARMA V.
          SUNIL J.CHAKKALACKAL
          SUNITHA G.
          N.G.SINDHU
          ANJANA R.S.
          FARZA N.


RESPONDENTS:

    1     THE KERALA STATE CO-OPERATIVE BANK LTD
          REPRESENTED BY ITS MANAGING DIRECTOR CO-BANK
          TOWERS, PALAYAM PO THIRUVANANTHAPURAM, PIN -
          695033.

    2     THE AUTHORIZED OFFICER
          KERALA STATE CO-OPERATIVE BANK P B NO 8.MANJERI
          ROAD UP HILL, MALAPPURAM, PIN - 676505.

    3     THE BRANCH MANAGER
          KERALA STATE CO-OPERATIVE BANK NILAMBUR BRANCH,
          NILAMBUR P.O., MALAPPURAM DISTRICT, PIN - 676542.

          BY ADV.SRI.GILBERT GEORGE CORREYA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.43414 of 2023

                                  :2:


                         JUDGMENT

Dated this the 21st day of December, 2023

The petitioner approaches this Court the second time by

filing this writ petition to prevent his family including aged parents

being evicted from the residential building, consequent to

initiation of proceedings under the SARFAESI Act.

2. The petitioner states that the petitioner obtained

financial advances from the 1st respondent-Bank. The petitioner

was paying equated monthly instalments promptly. Due to

reasons beyond the control of the petitioner, the petitioner could

not maintain the loan account properly. The respondents initiated

coercive proceedings invoking the SARFAESI Act.

3. The petitioner approached this Court in the month of

October, 2022 filing W.P.(C) No.33117 of 2022 seeking time for

repayment of the outstanding amount. This Court directed the

petitioner to pay overdue amount of ₹7,47,661/- along with

accrued interest, costs and charges in 15 equal monthly

instalments.

4. The petitioner states that the petitioner could pay only

three instalments pursuant to Ext.P4. Now, the respondents are

taking expeditious steps to take over possession of the property

of the petitioner. The petitioner is residing in the building in the

secured asset. If the petitioner is not granted further time, the

petitioner and his family will be put to untold hardship.

5. Standing Counsel entered appearance and resisted

the writ petition. The Standing Counsel pointed out that a

Mortgage Loan of ₹10 lakhs was advanced to the petitioner in the

year 2015. Due to the consistent default made by the petitioner,

the total outstanding accumulated as on date is ₹16,28,634/- and

the overdue amount itself comes to ₹8,29,729/-. The petitioner

had earlier approached this Court filing W.P.(C) No.33117 of

2022. The petitioner did not stick to the instalments provided by

this Court in the said judgment. Therefore, the petitioner is not

entitled to any further relief, contended the Standing Counsel.

6. I have heard the learned Counsel for the petitioner and

the learned Standing Counsel representing the respondents.

7. It is an admitted position that the petitioner filed

W.P.(C) No.33117 of 2022 seeking facility to discharge the

overdue amount in instalments. This Court disposed of the said

writ petition with the following directions:-

"Accordingly, there will be a direction to the respondent-Bank to accept repayment of the entire overdue amount of ₹7,47,661/- along with any accrued interest, costs and charges from the petitioner and regularise the loan account of the petitioner on the following conditions:-

(i) The overdue amount of ₹7,47,661/- along with any accrued interest, costs and charges shall be repaid in 15 equated monthly instalments.

(ii) The first instalment shall be paid on or before 07.11.2022 and the subsequent instalments shall be paid on or before the 10th day of every succeeding month.

(iii) The petitioner shall continue to pay the regular EMIs 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 shall be kept in abeyance."

8. The petitioner paid only three instalments pursuant to

Ext.P4 judgment. The petitioner is again before this Court

seeking instalment facility. It is to be noted that by Ext.P4

judgment, the petitioner was granted 15 months time to repay an

amount of ₹7,47,661/-. The said period is yet not over. Now, the

overdue amount has increased to ₹8,29,729/-.

In the circumstances, the petitioner cannot be granted

further time in view of the time already granted as per Ext.P4.

The writ petition fails and it is dismissed.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 43414/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 09.09.2021 Exhibit P2 TRUE COPY OF NOTICE OF POSSESSION DATED 07.02.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 10/10/2022 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 20.10.2022 IN WP(C) NO.33117/2022 ON THE FILE OF THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE NOTICE DATED 08.12.2023