Kerala High Court
Biji Ullas vs Authorised Officer on 7 July, 2023
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WP(C) No.22093 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
WP(C) NO. 22093 OF 2023
PETITIONER/S:
BIJI ULLAS
W/O ULLAS K.A., KARNAMKOT HOUSE, ANJOOR P.O.,
ANJOOR, THRISSUR, PIN - 680523
BY ADV DILIP J. AKKARA
RESPONDENT/S:
AUTHORISED OFFICER
UNION BANK OF INDIA, KUNNAMKULAM BRANCH, GROUND
FLOOR, CROSS VIEW BUILDING, GURUVAYOOR ROAD,
KUNNAMKULAM P.O., THRISSUR., PIN - 680503
Sri A S P Kurup
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.22093 of 2023
C.S DIAS,J.
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WP(C) No.22093 of 2023
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Dated this the 7th day of July, 2023 .
JUDGMENT
The writ petition is filed to direct the respondent to
permit the petitioner to pay off the overdue amount in
equated monthly instalments and regularise the loan
account.
2. The petitioner's case is that she along with her
husband had availed financial assistance from the
respondent - Bank - by creating an equitable mortgage.
Due to unforeseen circumstances, the petitioner could
not pay the instalments on time. The respondent has
initiated proceedings against the secured asset under the
Securitization and Reconstruction of Financial Assets
WP(C) No.22093 of 2023
and Enforcement of Security Interest Act (in short,
'Act'). The petitioner is prepared to pay off the overdue
amount in equated monthly instalments. Hence, the
writ petition.
3. Heard; Sri.Dilip J.Akkara, the learned counsel
appearing for the petitioner and Sri.A.S.P Kurup, the
learned counsel appearing for the respondent.
4. Sri.A.S.P Kurup, on instructions, submitted
that the overdue amount as on today is Rs.2,29,000/-.
The respondent is willing to permit the petitioner to
pay the overdue amount in six equated monthly
instalments. The said submission is recorded.
5. The learned counsel appearing for the
petitioner submitted that as the tenure of the loan is till
WP(C) No.22093 of 2023
2038, the petitioner may be granted at least twelve
instalments to pay the overdue amount.
6. Having considered the pleadings and materials
on record, the submissions made by the learned counsel
appearing for the parties, the consensus arrived at
between the parties and to provide the petitioner one
last opportunity to clear off the liability, I am inclined
to exercise the powers of this Court under Article 226
of the Constitution of India and entertain the writ
petition.
Resultantly, I dispose of the writ petition in the
following manner:
(i) The respondent is directed to defer further coercive
proceedings pursuant to Ext P2, to enable the petitioner to pay
the liability in equated monthly instalments as stated below.
WP(C) No.22093 of 2023
(ii) The petitioner is permitted to pay the overdue amount
as stated above with future interest and cost to the respondent
- Bank - in twelve equated monthly instalments commencing
from 1.8.2023 along with regular EMIs.
(iii) Needless to mention, if the petitioner commits
default in any of the conditions ordered above, the petitioner
would lose the benefit of this judgment and the respondent
would be at liberty to proceed with recovery proceedings from
the stage it presently stands.
(iv) It is made clear that, no further application for
modification/extension of time shall be entertained.
SD/-
sks/7.7.2023 C.S.DIAS, JUDGE
WP(C) No.22093 of 2023
APPENDIX OF WP(C) 22093/2023
PETITIONER EXHIBITS
Exhibit P-1 PHOTOCOPY OF COMPLAINT MADE BY PETITIONER
BEFORE BANKING OMBUDSMAN DATED 26-12-22
WITH ATTACHMENT
Exhibit P-2 PHOTOCOPY OF POSSESSION NOTICE DATED 23-
06-23 ISSUED BY THE RESPONDENT
