Rubeena Noushad vs The Authorised Officer
2023 Latest Caselaw 1478 Ker

         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. 38536 OF 2022
PETITIONER:

         RUBEENA NOUSHAD
         AGED 38 YEARS, W/O NOUSHAD.P.A,
         POOTHATHIL HOUSE, KOTTARAKOTH, PERUMPALLY.P.O,
         KOZHIKODE, PIN - 673 586.


         BY ADVS.
                NABIL KHADER
                ARJUN C BHASKAR
                GOKUL DEVIS
                MAJEED V.Y.


RESPONDENTS:

    1    THE AUTHORISED OFFICER
         SOUTH INDIAN BANK LTD, REGIONAL OFFICE,
         HAPPY TOWER, MANANCHIRA,
         KOZHIKODE , PIN - 673 001.


    2    SOUTH INDIAN BANK LTD
         REPRESENTED BY ITS AUTHORISED OFFICER,
         REGIONAL OFFICE, HAPPY TOWER, MANANCHIRA,
         KOZHIKODE, PIN - 673 001.



OTHER PRESENT:

         ADV. S EASWARAN (SC)


     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.38536/2022
                                      -:2:-


                             JUDGMENT

Petitioner availed credit facilities from the respondent

bank. On default being committed, proceedings have been

initiated against the petitioner under the provisions of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act (SARFAESI Act)

prompting the petitioner to approach this Court praying

that the petitioner may be permitted clear the liability in

installments. This Court issued interim orders from time to

time under which the petitioner is stated to have remitted a

total amount of Rs.6,00,000/- (Rupees Six Lakh Only)

towards the loan liability.

2. The learned counsel appearing for the respondent

bank submits that after giving credit to the amounts

already paid in terms of the interim orders issued by this

Court, the outstanding amount as on dated is

Rs.63,18,720.19/- (Rupees Sixty Three Lakh Eighteen

Thousand Seven Hundred and Twenty and Paise Nineteen

Only). It is submitted that the respondent Bank has no W.P.(C) No.38536/2022

objection in granting some installments. It is submitted

that if the proceedings under the SARFAESI Act have to be

suspended, the entire amount must be paid immediately.

3. The learned counsel appearing for the petitioner

would submit that the petitioner is not intending to

challenge the demand and only requires some

accommodation to clear the liability in installments. It is

submitted that such relief can be granted to the petitioner

in the light of the law laid down by a Division Bench of this

Court in Sundaram BNP Paribas Home Finance Ltd.

(M/s) v. Nisha; 2016 (1) KHC 167.

4. Having heard the learned counsel appearing for

the petitioner and the learned counsel counsel appearing

for the respondent Bank and considering the fact that the

petitioner is not disputing the liability and is only asking for

some accommodation to clear the liability in installments

and also taking note of the fact that the petitioner has

proved her bonafides by remitting the amounts directed to

be paid in terms of the various interim orders issued by this

Court, I am of the opinion that the petitioner can be W.P.(C) No.38536/2022

permitted to clear the outstanding liability of

Rs.63,18,720.19/- (Rupees Sixty Three Lakh Eighteen

Thousand Seven Hundred and Twenty and Paise Nineteen

Only) in 18 installments.

5. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire

outstanding amount of Rs.63,18,720.19/- (Rupees Sixty

Three Lakh Eighteen Thousand Seven Hundred and Twenty

and Paise Nineteen Only) along with any accrued interest

and bank charges from the petitioner on the following

conditions:

(i) The outstanding amount of Rs.63,18,720.19/-

(Rupees Sixty Three Lakh Eighteen Thousand Seven

Hundred and Twenty and Paise Nineteen Only) together

with any accrued interest/cost shall be repaid in 18 equated

monthly installments;

(ii) The first installment shall be paid on or before

10-02-2023. The subsequent installments shall be paid on

or before the 10th day of the succeeding months; W.P.(C) No.38536/2022

(iii) In the event of default of any one installment, the

respondent bank shall be entitled to proceed in accordance

with law.

(iv) In order to enable the petitioner to repay the

entire amounts, all coercive proceedings shall be kept in

abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats W.P.(C) No.38536/2022

APPENDIX OF WP(C) 38536/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 19/11/2022 TO THE PETITIONER