Kerala High Court
Deepa P., W/O. Madhu vs Bank Of India on 29 March, 2023
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W.P.C No. 10057 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
WP(C) NO. 10057 OF 2023
AGAINST THE ORDER/JUDGMENTMC 57/2023 OF CHIEF JUDICIAL
MAGISTRATE , ALAPPUZHA
PETITIONER/S:
DEEPA P., W/O. MADHU,
AGED 41 YEARS
MADHU NIVAS, KAPPIL EAST, KRISHNAPURAM, ALAPPUZHA
DISTRICT, PIN - 690533
BY ADVS.
GOVIND CHANDRABHANU
MANU HARSHAKUMAR
RESPONDENT/S:
BANK OF INDIA,
KAPPIL KUTTIPURAM BRANCH, KAPPIL, NEAR KURAKAVU
TEMPLE, KUTTIPPURAM, ALAPPUZHA, REPRESENTED BY THE
CHIEF MANAGER, PIN - 690533
ADV ANEESH K M -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.C No. 10057 of 2023
JUDGMENT
The petitioner is challenging the recovery proceedings
initiated against him under the Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act,
2002. The petitioner availed a credit facility from the respondent
Bank and consequent to the default committed by the petitioner in
repaying the amount, the said account is declared as NPA.
Accordingly, recovery proceedings have been initiated which is
impugned in this writ petition.
2. The learned counsel appearing for the Bank submits
that as on date, an amount of Rs.2,10,000/- is in arrears towardd
overdue instalments. It is submitted by the learned counsel for the
Bank upon instructions that they are amenable for granting an
opportunity to the petitioner to regularise the loan account by
paying the entire instalment overdue along with interest in
reasonable monthly instalments.
In such circumstances, this writ petition is disposed of
granting an opportunity to the petitioner to regularise the loan
W.P.C No. 10057 of 2023
account by paying the instalment overdue as mentioned above
along with interest due thereon in 10 equal monthly instalments
commencing from 30th April, 2023 onwards. The subsequent
instalments shall be paid by the petitioner on 30 th day of every
month. Along with the aforesaid payment, regular monthly
instalment shall also be paid. In case of default on the part of the
petitioner in payment of any of the instalments including regular
monthly instalments, the aforesaid facility shall stand cancelled,
upon which the Bank shall be at liberty to proceed with the
recovery proceedings from the stage at which it was stopped.
Subject to the above direction, the recovery proceedings against
the petitioner is directed to be kept in abeyance.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
W.P.C No. 10057 of 2023
APPENDIX OF WP(C) 10057/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TREATMENT DETAILS OF
PETITIONERS MOTHER IN LAW ISSUED BY THE
REGIONAL CANCER CENTRE, THIRUVANATHAPURAM
DATED 23.11.2021
Exhibit P2 TRUE COPY OF THE ADVOCATE COMMISSIONER
NOTICE ISSUED IN MC 57/2023 DATED
1.03.2023
Exhibit P3 TRUE COPY OF THE CIVIL ID CARD (VISA)
ISSUED BY STATE OF KUWAIT BEARING CIVIL
ID NUMBER 275052007215 OF PETITIONERS'
HUSBAND.
