Sarojini .V vs The Manager
2023 Latest Caselaw 5729 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                      WP(C) NO. 15452 OF 2023
PETITIONER:

             SAROJINI .V
             AGED 70 YEARS
             W/O SURENDRAN, PIRAVI HOUSE, NELLIKKAT,
             HOSDURG, BALLA, KASARAGOD, PIN - 671531
             BY ADVS.
             RAHUL SASI
             NEETHU PREM
             ARCHANA VINOD


RESPONDENTS:

     1       THE MANAGER
             KOTACHERY SERVICE CO-OPERATIVE BANK LTD,
             NO.LL.156, KANHANGAD P.O, KASARAGOD,
             PIN - 671315
     2       THE SPECIAL SALE OFFICER (JUNIOR INSPECTOR)
             KOTTACHERY S.C.B GROUP
             OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
             HOSDURG P.O, KANHANGAD,
             KASARAGOD, PIN - 671315
             BY ADV A.ARUNKUMAR


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.05.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15452 OF 2023          2

                            JUDGMENT

The petitioner availed a loan for an amount of Rs.20

Lakhs from the 1st respondent - Bank. On committing default in

repayment, the 1st respondent Bank initiated recovery

proceedings against the petitioner. Aggrieved by the issuance

of notice under Section 13(2) the SARFAESI Act, 2002, the

petitioner has approached this Court with the above writ

petition.

2. During the course of hearing, the petitioner has

confined the relief to an opportunity for repaying the

outstanding amount in instalments.

3. It was submitted on behalf of the 1 st respondent Bank

that the petitioner committed default in repayment and the

outstanding amount is Rs.37,55,205/- (Rupees Thirty Seven

Lakhs Fifty Five Thousand Two Hundred and Five only). It was

further submitted that the 1st respondent Bank is willing to

accept repayment of the outstanding amount in limited

instalments.

4. I have heard the learned counsel for the petitioner and

the learned counsel for the 1st respondent Bank.

5. Having regard to the circumstances of the case and the

situation now prevailing, apart from the submissions made as

recorded above, I am of the view that the petitioner can be

granted an opportunity to repay the outstanding amount,

provided she pays Rs.2 Lakhs on or before 10.06.2023 and the

balance amount in 12 equal monthly instalments commencing

from 10.07.2023.

6. Accordingly, there will be a direction to the 1 st

respondent Bank to accept repayment of the entire

outstanding amount of Rs.37,55,205/- (Rupees Thirty Seven

Lakhs Fifty Five Thousand Two Hundred and Five only) along

with bank charges from the petitioner on the following

conditions:

(i) The petitioner is directed to repay the outstanding

amount of Rs.37,55,205/- (Rupees Thirty Seven Lakhs Fifty

Five Thousand Two Hundred and Five only), by first paying

Rs.2 Lakhs on or before 10.06.2023 and the balance amount in

12 equal monthly instalments commencing from 10.07.2023.

(ii) In the event of default of any one instalment, the 1 st

respondent Bank shall be entitled to proceed in accordance

with law.

(iii) In order to enable the petitioner to repay the entire

amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of, as above.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE MC

APPENDIX OF WP(C) 15452/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AUCTION NOTICE IN E.P NO. 46 OF 2022 IN ARC NO. 1100 OF 2018 DATED 21.03.2023 ISSUED BY THE 2ND RESPONDENT