Abdul Rahim vs The Auhorised Officer
2023 Latest Caselaw 1480 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. 482 OF 2023
PETITIONERS:

    1    ABDUL RAHIM
         AGED 57 YEARS
         CHEMBRAMPILLA THODI, SOUHRIDA NAGAR-34,
         RANDAMKUTTY, KILIKOLLUR, KOLLAM DISTRICT,
         PIN - 691 004.

    2    SABEENA.N
         AGED 45 YEARS
         CHEMBRAMPILLA THODI, SOUHRIDA NAGAR-34,
         RANDAMKUTTY,KILIKOLLUR,KOLLAM DISTRICT,
         PIN - 691 004.
         BY ADVS.
                 V.P.REMESH
                 S.S.RAJESH


RESPONDENTS:

    1    THE AUHORISED OFFICER
         RACPC STATE BANK OF INDIA, 1ST & 2ND FLOOR,
         RAVI'S ARCADE, NEAR IRON BRIDGE,
         KOLLAM, PIN - 691 013.


    2    THE SENIOR BRANCH MANAGER
         STATE BANK OF INDIA, KOLLAM MAIN BRANCH,
         TRIVANDRUM ROAD , NEAR HEAD POST OFFICE,
         KOLLAM, PIN - 691 001.

OTHER PRESENT:

         ADV. R S KALKURA (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.482/2023
                                      -:2:-




                              JUDGMENT

Petitioners availed three separate loans from the

respondent Bank which includes a housing loan, a

'Suraksha' loan and a 'top up' loan. On default being

committed proceedings have been initiated against the

petitioners under the provisions of the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act (SARFAESI Act) prompting the

petitioners to approach this Court by filing the above writ

petition.

2. The learned counsel appearing for the petitioners

would submit that the petitioners may be permitted to clear

the overdue amounts in installments.

3. The learned counsel appearing for the respondent

Bank submits that the overdue amount in respect of all the

three loans put together, as on 20-01-2023, is

Rs.11,17,357/- (Rupees Eleven Lakh Seventeen Thousand

Three Hundred and Fifty Seven only) and the bank has no W.P.(C) No.482/2023

objection in granting some limited installments to the

petitioners to clear the overdue amount.

4. I have heard Adv. V. P .Remesh, learned counsel for

the petitioners as well as Adv. R.S.Kalkura, the learned

counsel for the respondents.

5. Having regard to the circumstances of the case and

the situation now prevailing, apart from the submissions

made as recorded above, I am of the view that the

petitioners can be granted an opportunity to repay the

overdue amount in 12 installments and thereafter, if the

amount so directed is repaid within the time as directed

above, to have the loan account regularized.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire overdue

amount of Rs.11,17,357/- (Rupees Eleven Lakh Seventeen

Thousand Three Hundred and Fifty Seven only) along with

bank charges from the petitioners and regularize the loan

account of the petitioners on the following conditions: W.P.(C) No.482/2023

(i) The overdue amount of Rs.11,17,357/- (Rupees

Eleven Lakh Seventeen Thousand Three Hundred and Fifty

Seven only) together with any accrued interest and costs

shall be repaid in 12 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;

(iii) Petitioners shall continue to pay the regular EMI's

along with the installments as directed above.

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

respondent bank shall be entitled to proceed in accordance

with law.

(v) In order to enable the petitioners 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.482/2023

APPENDIX OF WP(C) 482/2023

PETITIONER EXHIBITS

Exhibit P 1 TRUE COPY OF THE POSSESSION NOTICE DATED 14/11/2022 ISSUED TO THE PETITIONERS BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 16/11/2022 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT