Sajitha Kumari vs The Authorised Officer
2023 Latest Caselaw 375 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                             WP(C) NO. 26934 OF 2021
PETITIONER:

              SAJITHA KUMARI,
              AGED 37 YEARS
              D/O. SADASIVAN, RESIDING AT TC 22/615,
              NELPALLY VILAKOM, IRANIMUTTOM,
              ATTUKAL, THIRUVANANTHAPURAM-695009.
              BY ADVS.
              C.R.SURESH KUMAR
              AMRUTHA SURESH

RESPONDENT:

              THE AUTHORISED OFFICER,
              THE TRIVANDRUM CO-OPERATIVE URBAN BANK LIMITED NO.1959,
              HEAD OFFICE, P.B. NO.115,
              M.G. ROAD, TRIVANDRUM, PIN-695001
              BY ADV NISHA GEORGE

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.26934 of 2022
                                     2




                               JUDGMENT

Dated this the 11th day of January, 2023

The petitioner availed a business loan from the

respondent bank. On default being committed,

proceedings have been initiated against the petitioner

under the provisions of the SARFAESI Act, 2002 to

recover amounts due from the petitioner.

2. Learned counsel appearing for the petitioner

submits that the amounts now demanded by the bank

are not actually payable by the petitioner. It is

submitted that on the basis of the direction by this

Court, a statement of accounts has been provided to

the petitioner and the petitioner has some dispute

regarding the same. It is submitted that the petitioner

may therefore by permitted to raise the said dispute

before the respondent bank.

3. Learned counsel appearing for the respondent

bank would submit that the petitioner had earlier

approached this Court in the year 2017 by filing W.P. WPC No.26934 of 2022

(C.) No.41107/2017 and had obtained an order for

paying the then overdue amount in instalments. It is

submitted that the petitioner did not comply with the

same and therefore, the bank was forced to continue

with the proceedings initiated against the petitioner. It

is submitted that as on date the overdue amount is

Rs.8,10,292/-. It is submitted that if the petitioner has

any dispute regarding the amounts now claimed by the

bank, it is not open to the petitioner to agitate that

issue in a writ petition under Article 226 of the

Constitution of India and it is for the petitioner to either

approach the bank with her grievance or to challenge

the proceedings before the Debts Recovery Tribunal in a

Securitisation Application under Section 17 of the

SARFAESI Act. It is submitted that the petitioner can be

permitted to clear the overdue amounts in instalments.

4. Having heard the learned counsel for the

petitioner and the learned counsel appearing for the

respondent bank, I am of the view that this writ petition

can be disposed of permitting the petitioner to clear the WPC No.26934 of 2022

present overdue amount in some instalments. If the

petitioner has any grievance against the amounts now

demanded, it is for the petitioner to either approach the

bank or agitate the matter in proceedings before the

Tribunal.

Accordingly, this writ petition will stand disposed

permitting the petitioner to clear the present overdue

amount of Rs.8,10,292/- in twelve (12) equal monthly

instalments, first of which shall be paid on 31.01.2023

and thereafter, if the amount so directed is repaid

within the time as directed above, to have the loan

account regularised. The respondent bank is directed to

accept repayment of the entire overdue amount of

Rs.8,10,292/- 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.8,10,292/- 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 WPC No.26934 of 2022

31.01.2023 and the subsequent instalments shall be

paid on the last working day of every succeeding

month;

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

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.

It will be always open to the petitioner to approach

the bank, if the petitioner has any grievance regarding

the amounts now demanded from the petitioner.

Sd/-

GOPINATH P.

JUDGE SKP/11-01 WPC No.26934 of 2022

APPENDIX OF WP(C) 26934/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER RAKESH R.R. DATED 10/11/2021.

EXHIBIT P2 TRUE COPY OF THE ORDER IN CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM IN MC NO.200/2021 DATED 20/04/2021.

RESPONDENT'S EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE