Jameela Beevi vs Kerala Gramin Bank
2023 Latest Caselaw 85 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                   WP(C) NO. 39778 OF 2022


PETITIONER:

           JAMEELA BEEVI
           AGED 53 YEARS
           D/O AMINA UMMAL,VILAYIL VEETTIL, CHILAMBIL,
           SASTHAVATTOM P.O,AYOOR VILLAGE,
           CHIRAYINKEEZHU TALUK,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695305

           BY ADVS.
           V.S.NOWSHAD
           R.MURALEEKRISHNAN
           T.M.RESHMY
           K.B.BINU
           SITHARA.S
           V.M.RIYAS


RESPONDENTS:

    1      KERALA GRAMIN BANK
           REPRESENTED BY CHIEF MANAGER,(CREDIT & RECOVERY)
           REGIONAL OFFICE, PRAVEEN TOWERS BAKERY JUNCTION,
           THIRUVANANTHAPURAM, PIN - 695033

    2      THE AUTHORISED SALE OFFICER
           KERALA GRAMIN BANK,MANAGLAPURAM BRANCH,
           THIRUVANANTHAPURAM, PIN - 695317

    3      BRANCH MANAGER
           KERALA GRAMIN BANK,MANAGLAPURAM BRANCH,
           THIRUVANANTHPAURAM, PIN - 695317

    4      SHIMI
           AGED 36 YEARS
           S/O SALAM,
           CHARUVILA VEEDU, NAALUMUKKU,
 W.P.(C).No.39778 of 2022
                                     2

                SASTHAVATTAM, THIRUVANANTHAPURAM, PIN - 695305

     5          SHIBINA MOL
                AGED 27 YEARS
                W/O SHIMI,CHARUVILA VEEDU, NAALUMUKKU,
                SASTHAVATTAM. THIRUVANANTHAPURAM,
                NOW RESIDING AT SHIBINA MANZIL, PUTHUKODU,
                KUMMIL VILLAGE,KUMMIL P O, KOTTARAKARA TALUK,
                KOLLAM DISTRICT , PIN - 691536

                BY ADVS.
                K.JOHN MATHAI(K/413/1984)
                JOSON MANAVALAN(J-526)
                KURYAN THOMAS(K/131/2003)
                PAULOSE C. ABRAHAM(MAH/58/2006)
                RAJA KANNAN(K/356/2008)


OTHER PRESENT:

                SRI.M.GOPIKRISHNAN NAMBIAR
                STANDING COUNSEL



         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   06.01.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.39778 of 2022
                                    3




                    BECHU KURIAN THOMAS, J.
                   ===================
                    W.P.(C).No.39778 of 2022
                 =====================
                Dated this the 6th day of January, 2023


                                 JUDGMENT

Respondents 4 and 5 had availed a loan from the 1 st

respondent and created a security interest over the property

belonging to them. Petitioner is the mother of respondent No.4 and

is residing in the house situated inside the secured asset. Due to

default in repayment, proceedings were initiated to enforce the

security interest. Hence, petitioner has approached this Court

offering to repay the amount due from respondents 4 and 5,

provided a breathing time is granted.

2. On the date of admission, this court directed the

respondents to defer the sale, on condition that the petitioner

deposits an amount of Rs.50,000/- on or before 14.12.2022.

3. The learned counsel for the respondents submitted that

since petitioner had deposited the aforementioned amount, the sale

was deferred. It was also submitted that, if the petitioner is willing

to repay the amounts due from respondents 4 and 5, the Bank is

willing to defer all coercive proceedings against the secured asset.

It was also submitted that an amount of Rs.4,34,609/- remains

outstanding from respondents 4 and 5, and if the petitioner repays W.P.(C).No.39778 of 2022

the amount within reasonable instalments, the coercive action

against respondents 4 and 5 can be deferred. It was also submitted

that a suit has been filed by the Bank against respondents 4 and 5,

which is pending as O.S.No.498/2021 before the Munsiffs Court,

Attingal.

4. Having regard to the submissions made as mentioned

above, and taking note of the circumstances arising in the case, I am

of the view that petitioner can be given the benefit of repayment of

the liability due from respondents 4 and 5, since she is the mother of

4th respondent.

5. Accordingly this writ petition is disposed of directing the

petitioner to repay the outstanding amount of Rs.4,34,609/- due

from respondents 4 and 5 on the following conditions:

i. Petitioner shall pay the entire amount of Rs.4,34,609/- due under the housing loan availed by Respondents 4 and 5 in '12' equated monthly instalments.

ii. The first instalment shall be paid on or before 06.02.2023 and the remaining instalments shall be paid on or before the 6th of the succeeding months.

iii. In the event of default of any single instalment, the respondents shall be free to proceed in accordance with law, against the property of respondents 4 and 5.

iv. All coercive proceedings shall be kept in abeyance, to W.P.(C).No.39778 of 2022

enable the petitioner to repay the amount due.

The writ petition is disposed of as above.

BECHU KURIAN THOMAS JUDGE

jka/06.01.23 W.P.(C).No.39778 of 2022

APPENDIX OF WP(C) 39778/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LOAN AGREEMENT DATED 27-12-2018

Exhibit P2 TRUE COPY OF PETITION IN MC 31/2020 DATED 23/07/2020 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE III,ATTINGAL

Exhibit P3 TRUE COPY OF THE ORDER DATED 28-7-2020 IN CMP 1340/2020 IN MC 31/2020 OF JFCM COURT, ATTINGAL.

Exhibit P4                 TRUE   COPY   OF   THE  LETTER  DATED
                           25/10/2021    ISSUED   BY   THE   3RD
                           RESPONDENT

Exhibit P5                 TRUE COPY OF THE RECEIPT DATED

1/11 /2021 ISSUED BY THE KERALA GRAMIN BANK

Exhibit P6 TRUE COPY OF THE POSSESSION NOTICE DATED 16/8/2022 ISSUED BY THE KERALA GRAMIN BANK

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 30/11/2022 SUBMITTED BY THE PETITIONER