Shameem V.S vs State Bank Of India
2023 Latest Caselaw 5803 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                       WP(C) NO. 12088 OF 2023
PETITIONER:

          SHAMEEM V.S.,
          AGED 51 YEARS, S/O .VAHID KANNU,
          SHAMEEM MANZIL, THOLICODE P.O., NEDUMANGAD,
          THIRUVANANTHAPURAM DISTRICT-695 551

          BY ADVS.
          GODWIN JOSEPH
          SAJEEV K.M.



RESPONDENTS:

    1     STATE BANK OF INDIA,
          REPRESENTED BY ITS AUTHORISED OFFICER,
          RAMSEC - IV, OFFICE OF THE CHIEF MANAGER,
          THIRUVANANTHAPURAM REGION, PALAYAM P.O.,
          THIRUVANANTHAPURAM- 695033

    2     THE MANAGER,
          STATE BANK OF INDIA, VITHURA P.O., NEDUMANGAD,
          THIRUVANANTHAPURAM DISTRICT - 695551

          BY ADVS.
          SHRI.JITHESH MENON, SC, SBI
          R.S.KALKURA




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12088 OF 2023
                                    2




                   Dated this the 24th day of May, 2023

                              JUDGMENT

The writ petition is filed to direct the respondents

to regularize the loan account and permit the petitioner

to pay the overdue amount in equated monthly

installments.

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

loan from the respondent by creating equitable

mortgage. Due to the reasons beyond his control, he

could not repay the installments on time. On an earlier

occasion also this Court by Ext.P1 judgment permitted

the petitioner to pay off the amounts in installments.

But, the petitioner could not comply with the directions

of this Court. Now, the respondents have proceeded

against the property of the petitioner through Ext.P6 WP(C) NO. 12088 OF 2023

order. The petitioner is ready and willing to pay off the

loan amount in equated monthly installments. Hence,

the writ petition.

3. Heard; Sri. Godwin Joseph, the learned counsel

appearing for the petitioner and Sri. Jithesh Menon, the

learned counsel appearing for the respondents.

4. Sri. Jithesh Menon, on instructions, submitted

that as on today an amount of Rs. 1,12,000/- is the

overdue amount. The first respondent - Bank is

prepared to accept the overdue amount in three equated

monthly installments along with regular EMIs. The said

submission is recorded.

5. The learned counsel appearing for the petitioner

prayed that he may be permitted to pay off the overdue

amount in six equated monthly installments.

6. Having considered the pleadings and materials

on record, and in the light of the submissions made by WP(C) NO. 12088 OF 2023

the learned counsel appearing for both sides, I am

inclined to allow the writ petition, to provide the

petitioner one last opportunity.

Resultantly, the writ petition is disposed of in the

following manner:-

(i) The respondents are directed to defer further

coercive proceedings pursuant to Exts.P6 and P7, to

enable the petitioner to pay off the loan amount in

installments.

(ii) The petitioner is permitted to pay off the

overdue amounts in six equated monthly installments

commencing from 1.7.2023 along with the regular EMIs.

(iii) Needless to mention, if the petitioner commits

defaults in any one of the installments, the petitioner

would loose the benefit of this judgment and the

respondents would be at liberty to proceed with the

recovery proceedings from the stage presently stands. WP(C) NO. 12088 OF 2023

(iv) It is made clear that, the petitioner would not

be permitted to seek modification/enlargement of time

period fixed in the judgment.

The writ petition is ordered accordingly.

Sd/-

rmm25/5/2023 C.S.DIAS, JUDGE WP(C) NO. 12088 OF 2023

APPENDIX OF WP(C) 12088/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 20.04.2021 IN W.P.(C) NO. 10014/2021 OF THIS HON'BLE COURT.

Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED 06.07.2022 ISSUED BY THE 1ST RESPONDENT AS PER SECTION 13(2) OF THE SARFAESI ACT.

Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 20.07.2022, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 16.11.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 13.02.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE ORDER DATED 28.01.2023 IN M.C. NO. 1489/2022 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

Exhibit P7 A TRUE COPY OF THE NOTICE DATED NIL ISSUED TO THIS PETITIONER BY THE ADVOCATE COMMISSIONER IN M.C. NO. 1489/2022 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.