T.O.Thankappan vs Deputy Tahsildar Karunagapally
2023 Latest Caselaw 742 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                       WP(C) NO. 10204 OF 2022
PETITIONERS:

    1     T.O.THANKAPPAN,
          AGED 83 YEARS,
          RESIDING AT BINDU BHAVAN, CHANGANKULANGARA, P.O.OCHIRA,
          KOLLAM-690 526.

    2     D.SARASWATHI,
          AGED 75 YEARS,
          W/O.T.O.THANKAPPAN, RESIDING AT BINDU BHAVAN,
          CHANGANKULANGARA, P.O.OCHIRA, KOLLAM-690 526.

          BY ADVS.
          M.KIRANLAL
          MANU RAMACHANDRAN
          R.RAJESH (VARKALA)
          T.S.SARATH
          SAMEER M NAIR
          V.M.VISHNU MOHAN
          GEETHU KRISHNAN
          HARSHA SUSAN SAM



RESPONDENTS:

    1     DEPUTY TAHSILDAR KARUNAGAPALLY,
          OFFICE AT TALUK OFFICE, KARUNAGAPALLY, KOLLAM-690 518.

    2     CHIEF MANAGER (MAINTENANCE),
          STATE BANK OF INDIA, OFFICE AT SMEC KOLLAM BRANCH, 1ST
          FLOOR, ARPAN TOWERS, PRATHIBHA JUNCTION, KADAPPAKADA,
          KOLLAM-691 008.

    3     ASSISTANT MANAGER,
          STATE BANK OF INDIA, OFFICE AT SMEC KOLLAM BRANCH, 1ST
          FLOOR, ARPAN TOWERS, PRATHIBHA JUNCTION, KADAPPAKADA,
          KOLLAM-691 008.
 WP(C) NO. 10204 OF 2022

                                  2

    4       BIJUMON.T.,
            AGED 43 YEARS,
            S/O.T.O.THANKAPPAN PROPRIETOR, M/S. HITECH
            OFFSET PRINTING PRESS, CHANGANKULANGARA,
            OACHIRA P.O., KOLLAM-690 526.

            BY ADV R.S.KALKURA




        THIS   WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   12.01.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 10204 OF 2022

                                    3


                             JUDGMENT

The petitioners are guarantors in respect of a loan

availed by their son from the respondent Bank. The property

of the petitioners is also mortgaged for securing the

repayment of the loan. On default being committed, the

petitioners are faced with proceedings under the SARFAESI Act

to recover amounts due under the loan.

2. The learned counsel appearing for the petitioners

would submit that the 1st petitioner is aged 85 and the 2nd

petitioner is aged 82. It is submitted that the secured asset is

the residential property of the petitioners and they will be put

to great prejudice if the proceedings are continued against the

said property. It is submitted that the petitioners may be

permitted clear the liability in instalments and / or apply for

One Time Settlement.

3. It was submitted on behalf of the respondent bank

that the petitioners committed default in repayment and the

outstanding amount as on 14.07.2022 is Rs.20,13,164/-

(Rupees twenty lakhs thirteen thousand one hundred and sixty

four only). It was further submitted that though proceedings

for recovery have been initiated, as a matter of indulgence, WP(C) NO. 10204 OF 2022

the respondent bank is willing to accept repayment of the

outstanding amount in limited instalments.

4. I have heard the learned counsel for the petitioners as

well as the learned Standing Counsel for the respondent Bank.

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 outstanding amount in

18 instalments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire

outstanding amount of Rs.20,13,164/-(Rupees twenty lakhs

thirteen thousand one hundred and sixty four only) along with

any accrued interest, costs and charges charges from the

petitioners on the following conditions:

(i)The outstanding amount of Rs.20,13,164/-(Rupees twenty lakhs thirteen thousand one hundred and sixty four only) along with any accrued interest, costs and charges shall be repaid in 18 equated monthly instalments.

(ii)The first instalment shall be paid on or before 10.02.2023 and the subsequent instalments shall be paid on or before the 10th day of every succeeding month.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed WP(C) NO. 10204 OF 2022

in accordance with law.

(iv) In order to enable the petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

Notwithstanding the directions contained in this judgment, it

will always be open to the petitioners to approach the Bank for

One Time Settlement.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 10204 OF 2022

APPENDIX OF WP(C) 10204/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ACCOUNT DETAILS OF TERM LOAN OF HITECH OFFSET PRINTERS DATED 26.10.2021.

Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE UNDER KERALA REVENUE RECOVERY ACT ISSUED BY 1ST RESPONDENT AS ON 16.10.2021.

Exhibit P3 A TRUE COPY OF THE RIGHT TO INFORMATION APPLICATION DATED 01.11.2021 BY 1ST PETITIONER TO 2ND RESPONDENT.

Exhibit P4 A TRUE COPY OF THE REPLY BY THE 2ND RESPONDENT CPIO DATED 03.11.2021 TO 1ST PETITIONER.

Exhibit P5 A TRUE COPY OF RATION CARD ISSUED BY TALUK SUPPLY OFFICE DATE 16.01.2019.