Rafeena M vs Kerala Bank
2023 Latest Caselaw 3686 Ker

               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. 10890 OF 2023
PETITIONERS:

    1     RAFEENA M, AGED 30 YEARS
          D/O IBRAHIM MATHOTTATHIL HOUSE,
          PANOOR P.O KOZHIKODE DISTRICT, PIN - 673585
    2     IBRAHIM, AGED 60 YEARS
          S/O ADHRUMAN MATHOTTATHIL HOUSE
          PANOOR P.O KOZHIKODE DISTRICT, PIN - 673585

          BY ADVS.
          ANIL KUMAR K.P.
          IPSITA OJAL


RESPONDENTS:

    1     KERALA BANK
          THE KERALA STATE CO-OPERATIVE BANK LTD.
          REPRESENTED BY ITS GENERAL MANAGER
          REGIONAL OFFICE, COLOMBO TOWERS
          KOZHIKODE, PIN - 673002
    2     THE MANAGER
          KERALA BANK, THE KERALA STATE CO-OPERATIVE BANK LTD.
          NARIKUNI BRANCH, KOZHIKODE, PIN - 673583
    3     THE AUTHORISED OFFICER
          REVENUE RECOVERY DEPARTMENT KERALA BANK,
          KERALA STATE CO-OPERATIVE BANK LTD.
          KALLAI ROAD, P.O CHALAPPUARAM
          KOZHIKODE, PIN - 673002

          ADV. SRI.P.C. SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10890 OF 2023
                                  2




                           JUDGMENT

The petitioners had availed a credit facility from the 1 st

respondent-Bank to the tune of Rs.20,00,000/-. However, they

could not repay the said amount as per the payment schedule.

Consequently, recovery proceedings were initiated by the

respondents against the petitioners, invoking the stipulations

contained in the SARFAESI Act. As part of the same, the secured

assets of the petitioners were already taken possession of and the

said assets are notified for sale as per Ext.P2 and the sale is to be

conducted on 20.04.2023. This writ petition is submitted in such

circumstances seeking the following reliefs:

"(i) "Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to grant installment facility to the petitioner to clear the dues.

(ii) To declare that the petitioners are entitled to get installment facility to clear the dues.

(iii) To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."

WP(C) NO. 10890 OF 2023

2. Head Sri.Anil Kumar K.P., the learned counsel

appearing for the petitioners and Sri.P.C. Sasidharan, learned

counsel appearing for the respondents.

3. The learned counsel for the respondents submits that,

the total amount for regularising the loan account is Rs.4,25,757/-

as on 27.03.2023. It is pointed out that in case the petitioners

pay a substantial amount before the date of sale and agree to pay

the balance amount towards the overdue charges in easy

installments, the account can be regularized.

4. In such circumstances, considering the facts and

circumstances of the case, I deem it appropriate to dispose of this

writ petition with the following directions: The petitioner shall

deposit an amount of Rs.1,00,000/- (Rupees One Lakh only) on or

before 15th of April, 2023. The remaining amounts towards the

overdue charges as referred above, shall be deposited by the

petitioner, in 12 Equal Monthly Installments, the 1 st of which shall

become due on 15th of May, 2023. Along with the said payments,

the petitioner shall also pay regular monthly installments without WP(C) NO. 10890 OF 2023

any default.

Upon compliance of the said conditions, further proceedings

pursuant to Ext.P2 shall stand deferred. It is further clarified that

in case of default in making any of the payments as above, the

facility granted by this Court shall stand cancelled and in such an

event, it shall be open for the petitioners to continue the recovery

proceedings from the point at which it was stopped.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE rpk WP(C) NO. 10890 OF 2023

APPENDIX OF WP(C) 10890/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE SEND BY THE 2ND RESPONDENT DATED 30.9.2022 Exhibit P2 TRUE COPY OF THE NOTICE DATED 10.03.2023 SENT BY THE 3RD RESPONDENT TO THE PETITIONERS