Jayasree. S vs Bank Of Baroda
2023 Latest Caselaw 13498 Ker

Citation : 2023 Latest Caselaw 13498 Ker
Judgement Date : 21 December, 2023

Kerala High Court

Jayasree. S vs Bank Of Baroda 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. 37767 OF 2023
PETITIONER:

          JAYASREE. S
          AGED 53 YEARS
          W/O K.R. REGHU, KIZHAKKEVECHOOR HOUSE,
          NADUVILE VILLAGE, VADAKKENADA, VAIKOM TALUK,
          KOTTAYAM DISTRICT. MOB:-8281851381, PIN - 686141

          BY ADVS.
          P.K.MURALEEDHARAN
          SUNU P.JOHN


RESPONDENTS:

    1     BANK OF BARODA
          VAIKOM BRANCH, REPRESENTED BY ITS BRANCH MANAGER,
          1ST FLOOR, RAHEJA TOWER, KACHERIKAVALA, WEST GATE,
          VAIKOM, KOTTAYAM DISTRICT., PIN - 686141
    2     THE BRANCH MANAGER
          BANK OF BARODA, 1ST FLOOR, RAHEJA TOWER,
          KACHERIKAVALA, WEST GATE, VAIKOM,
          KOTTAYAM DISTRICT, PIN - 686141
    3     MR. BRIJITHLAL P K
          CHIEF MANAGER AND AUTHORIZED OFFICER,
          BANK OF BARODA, VAIKOM BRANCH, LST FLOOR,
          RAHEJA TOWER, KACHERIKAVALA, WEST GATE,
          VAIKOM, KOTTAYAM DISTRICT., PIN - 686141

          BY ADV
          SRI.K.ANAND, STANDING COUNSEL-R1
          SRI.ROJO JOSEPH-R3

     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.37767 of 2023
                                 :2:



                             JUDGMENT

Dated this the 21st day of December, 2023

The petitioner, who has availed a Housing Loan on

24.11.2014 for an amount of ₹18 lakhs, has approached this

court seeking to direct the respondents to allow the petitioner to

pay of the said loan account and overdue in terms of Ext.P8

judgment and at the admitted rate of total ₹1,14,700/- per month

as is remitted by Ext.P9 series.

2. The petitioner states that the petitioner is ready and

willing to abide by the conditions prescribed in Ext.P8. The

petitioner shall be granted opportunity to clear the loan

accordingly.

3. I have heard the learned Counsel appearing for the

petitioner, the learned Standing Counsel representing

respondents 1 and 2 and the learned Counsel appearing for the

3rd respondent.

4. When the respondents initiated coercive proceedings,

the petitioner approached this Court filing W.P.(C) No.23871 of

2023. This Court disposed of the said writ petition on 26.07.2023

as per Ext.P8 judgment with the following directions:

(i) The respondents are directed to defer further coercive proceedings pursuant to Exts P5 and P6, to enable the petitioner to pay the liability 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 first respondent-Bank-in twelve equated monthly instalments commencing from 26.8.2023 along with regular EMIs.

(iii) Needless to mention, if the petitioner commits default in any of the conditions ordered above, the petitioner would lose the benefit of this judgment and the respondents 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.

5. It is an admitted position that the petitioner has not

adhered to the time schedule prescribed in Ext.P8. The tenure of

repayment prescribed in Ext.P8 is yet not over. In the

circumstances, I am not inclined to grant further time to the

petitioner.

The writ petition fails and it is dismissed.

Sd/-

N. NAGARESH JUDGE AMR

APPENDIX OF WP(C) 37767/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COUNTER FOIL OF PAYMENT DATED 29/3/2023 IN CASH IN THE COUNTER OF THE RESPONDENT BANK BY THE PETITIONER IN THE HOUSING LOAN NO.

                       44640600000769
Exhibit P2             A TRUE COPY OF THE COUNTER FOIL OF THE
                       PAYMENT MADE    BY THE     PETITIONER IN
                       HOUSING    TOP    UP    LOAN    A/C   NO.
                       44640600001585 DTD 29/3/2023
Exhibit P3             A TRUE COPY OF THE STATEMENT OF ACCOUNTS

DATED 16/6/2023 OF THE HOUSING LOAN A/C NO. 44640600000769 FROM 17/9/2022 TO 16/6/2023 Exhibit P4 A TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 16/6/023 OF THE TOP UP LOAN ACCOUNT NO. 44640600001585 FROM 24/5/2022 TO 16/6/2023 Exhibit P5 A TRUE COPY OF THE SEC: 13 (2) NOTICE ADDRESSED TO JAYASREE S CLUBBED WITH M/S MAHESWARA TRADERS DTD 23/12/2022 Exhibit P6 A TRUE COPY OF THE SEC: 13 (2) R/W SEC;

13 (3) SYMBOLIC POSSESSION NOTICE DTD 15/3/2023 Exhibit P7 A TRUE COPY OF THE REPRESENTATION DTD.05/07/2023 SUBMITTED BY THE PETITIONER TO THE BRANCH MANAGER ,BANK OF BARODA, VAIKOM Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 26/7/2023 IN WPC NO. 23871/2023 Exhibit P9 A TRUE COPY OF THE PAY IN SLIP COUNTER FOIL DATED 30/8/2023 OF RS.19,000/-IN THE NAME OF THE PETITIONER Exhibit P9(a) A TRUE COPY OF THE PAY IN SLIP COUNTER FOIL DATED 30/8/2023 OF RS.18,800/-IN THE NAME OF THE PETITIONER Exhibit P9(b) A TRUE COPY OF THE PAY IN SLIP COUNTER FOIL DATED 30/8/2023 OF RS.6,700/-IN THE NAME OF THE PETITIONER

Exhibit P9(c) A TRUE COPY OF THE PAY IN SLIP COUNTER FOIL DATED 30/8/2023 OF RS. 9,400/-IN THE NAME OF THE PETITIONER Exhibit P9(d) TRUE COPY OF PAY IN SLIP COUNTER FOIL DATED 30/8/2023 OF RS. 23,800/-IN THE NAME OF THE PETITIONER Exhibit P9(e) A TRUE COPY OF THE PAY IN SLIP COUNTER FOIL DATED 30/8/2023 OF RS. 37,000/-IN THE NAME OF THE PETITIONER Exhibit P10 A TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT BANK BRANCH MANAGER VIDE DATED 11/9/2023 Exhibit P11 A TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT BANK BRANCH MANAGER VIDE DATED 9/10/2023 Exhibit P12 A TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE RESPONDENT BANK BRANCH MANAGER DATED 26/9/2023