Thankamani vs Karamana Co-Operative Urban Bank ...
2023 Latest Caselaw 7117 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
          FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                          WP(C) NO. 836 OF 2023
PETITIONERS:

           THANKAMANI, AGED 56 YEARS
           W/O.KRISHNANKUTTY T., KRISHNALAYAM, PALAPOORE, VELLAYANI
           P.O., THIRUVANANTHAPURAM, PIN - 695522

           BY ADVS.S.K.ADHITHYAN
           SREEJITH S. NAIR
           BHAVYA BINU


RESPONDENTS:

     1     KARAMANA CO-OPERATIVE URBAN BANK LTD NO.1761,
           REPRESENTED BY GENERAL MANAGER, KARAMANA P.O.,
           THIRUVANANTHAPURAM., PIN - 695002

     2     GENERAL MANAGER,
           KARAMANA CO-OPERATIVE URBAN BANK LTD NO.1761 KARAMANA
           P.O THIRUVANANTHAPURAM-, PIN - 695002

     3     JOINT REGISTRAR,
           OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DPI
           JUNCTION, THIRUVANANTHAPURAM -, PIN - 695014

     4     STATE OF KERALA
           REPRESENTED BY GOVERNMENT PLEADER,
           HIGH COURT OF KERALA, PIN - 682031

           BY ADV R.S.KALKURA
           GP SRI SREEJITH V S


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 836 OF 2023
                                :: 2 ::


                             JUDGMENT

Dated this the 23rd day of June 2023

The writ petition is filed to direct the first

respondent Bank to permit the petitioner to pay off the

overdue amount in instalments and regularise the loan

account.

2. The petitioner's case is that she had availed a

housing loan from the first respondent - Bank.

However, due to reasons beyond her control, she was

unable to pay off the EMIs on time. The Bank has now

proceeded against the property of the petitioner under

the Securitization and Reconstruction of Financial

Assets 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.S.K.Adhithyan, the learned counsel

appearing for the petitioner, Sri.R.S.Kalkura, the WP(C) NO. 836 OF 2023 :: 3 ::

learned counsel appearing for the respondents 1 and 2

and the learned Government Pleader appearing for

respondents 3 and 4.

4. Sri.R.S.Kalkura, on instructions, submitted

that, as on today the overdue amount is Rs.6,47,100/-.

The respondents 1 and 2 are willing to permit the

petitioner to pay the overdue amount in three

instalments. The said submission is recorded.

5. The learned counsel appearing for the petitioner

submitted that the petitioner is a widow and the tenure

of the loan is till 2030. Therefore, the petitioner may be

permitted to pay the overdue amount as stated above in

12 instalments.

6. Having considered the pleadings and materials

on record and the submission made by the learned

counsel appearing for the parties, to provide the

petitioner one last opportunity to pay off the overdue

amount, I am inclined to exercise the powers of this WP(C) NO. 836 OF 2023 :: 4 ::

Court under Article 226 of the Constitution of India and

dispose of the writ petition.

Resultantly, I dispose of the writ petition in the

following manner:

(i) The respondents are directed to defer further coercive proceedings pursuant to Ext.P4, to enable the petitioner to pay the overdue amount in instalments.

(ii) The petitioner is permitted to pay the overdue amount as stated above with future interest and cost to the second respondent - Bank - in ten equated monthly instalments commencing from 23.7.2023 along with regular EMIs.

(iii) Needless to mention, if the petitioner commits default of the condition ordered above, he would lose the benefit of this judgment and the respondents 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/-

C.S.DIAS JUDGE jes WP(C) NO. 836 OF 2023 :: 5 ::

APPENDIX OF WP(C) 836/2023

PETITIONER 'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE JOINT REGISTRAR DATED 16/12/2022 EXHIBIT P2 TRUE COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT FOR INSTRUCTIONS TO THE 2ND RESPONDENT ST -:8923/2022 DATED 21/12/2022 WITHOUT SUPPORTING APPENDIX.. EXHIBIT P3 TRUE COPY OF THE ORDER BY THE ASSISTANT REGISTRAR TO THE 2ND RESPONDENT P.PD/E/581376(3)/22 DATED 21/12/2022 EXHIBIT P4 TRUE COPY OF THE PUBLIC AUCTION NOTICE OF FORECLOSURE PROCEEDINGS BY THE 2ND RESPONDENT TO THE PETITIONER'S PROPERTY DATED 23/12/2021