Ebrayi vs Secretary
2023 Latest Caselaw 1423 Ker

Citation : 2023 Latest Caselaw 1423 Ker
Judgement Date : 20 January, 2023

Kerala High Court

Ebrayi vs Secretary on 20 January, 2023

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

               FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944

                               WP(C) NO. 1571 OF 2023

PETITIONER:

               EBRAYI
               AGED 52 YEARS
               S/O MOIDHI
               , PADINJARE KADANGANDI MEETHAL , HOUSE,
               CHERUVANNUR. P.O.
               KOZHIKODE., PIN - 673524
               BY ADV ZUBAIR PULIKKOOL


RESPONDENTS:

     1         SECRETARY ,
               KERALA STATE CO-OPERATIVE BANK.LTD ,THIRUVALLUR BRANCH,THIRUVALLUR
               P.O, KOZHIKODE, PIN - 673524
     2         AUTHORISED OFFICER
               KERALA STATE CO-OPERATIVE BANK LTD,KALLAI ROAD KOZHIKODE, PIN -
               673002
               BY ADV SRI.P.C.SASIDHARAN, SC, KOZHIKODE DISTRICT CO-OPERATIVE
               BANK



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No. 1571 of 2023
                                ..2..




                            JUDGMENT

The petitioner availed a housing loan from the respondent

bank. On default being committed, proceedings have been

initiated against the petitioner under the provisions of the

SARFAESI Act to recover amounts due from the petitioner.

The petitioner, therefore, filed this Writ Petition stating that

the petitioner is willing to clear the liability in instalments and

the petitioner may be permitted to regularize the loan account

by paying the overdue amounts.

2. The learned counsel appearing for the respondent bank

submits that the loan account of the petitioner became a Non-

Performing Asset in 24.06.2016. It is submitted that the sale

of the property of the petitioner which was scheduled did not

take place on account of the fact that there were no bidders.

It is submitted that considering that the sale did not take

place, the petitioner can be permitted a short time to clear the

overdue amount in instalments. It is submitted that the W.P. (C) No. 1571 of 2023 ..3..

overdue amount as on 18.01.2023, after giving credit to the

amount paid by the petitioner on 16.01.2023 is Rs.6,56,238/-.

3. I have heard the learned counsel for the petitioner as

well as the learned Standing Counsel for the respondent

Bank.

4. Having regard to the facts and circumstances of the

case and the situation now prevailing, apart from the

submissions made as recorded above and considering the fact

that this is a housing loan and also taking into account the

fact that the petitioner has undertaken to clear off the

overdue amount along with regular EMIs, I am of the view

that the petitioner can be granted an opportunity to clear off

the overdue amount in twelve (12) equal monthly instalments

first of which shall be paid on or before 10.02.2023 and

thereafter, if the amount so directed is repaid within the time

as directed above, to have the loan account regularised.

5. Accordingly, there will be a direction to the respondent W.P. (C) No. 1571 of 2023 ..4..

bank to accept repayment of the entire overdue amount of

Rs.6,56,238/- along with bank charges from the petitioner

and regularise the loan account of the petitioner on the

following conditions:

(i) The overdue amount of Rs.6,56,238/-

together with any accrued interest and

charges shall be repaid in twelve (12)

equated monthly instalments.

(ii) The first instalment shall be paid on or

before 10.02.2023 and the subsequent

instalments shall be paid on the last working

day of every succeeding month.