Kerala High Court
Sabir M vs Idfc First Bank Ltd on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(C) NO. 31624 OF 2023
PETITIONER:
SABIR M.,
AGED 55 YEARS
S/O MOHAMMED KASIM, TC 5/470-3, PEROORKADA P.O.,
THIRUVANANTHAPURAM, PIN - 695005
BY ADVS.
J.G.SYAMNATH
S.ANEESH
RESPONDENT:
IDFC FIRST BANK LTD.,
8TH FLOOR, A WING, ASHAR IT PARK,WAGLE ESTATE, THANE-
WEST, MUMBAI, MAHARASHTRA, REPRESENTED BY ITS
AUTHORISED OFFICER, PIN - 400604
BY ADVS.
SATHISAN P.
DONA AUGUSTINE(K/180/2016)
JAVED HAIDER(K/001709/2018)
ABHIRAM SUNISH(K/001195/2022)
SHIBU B.S(K/001060/2021)
BIJU P.PAUL(K/000648/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31624 OF 2023
2
K.BABU, J.
------------------------------------
WP(C).No.31624 of 2023
--------------------------------------
Dated this the 19th day of October, 2023
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:-
"(i) A writ of mandamus or any other appropriate writ, direction
or order commanding the respondent to permit the petitioner
to remit the total overdue loan amount in regular monthly
instalments, so as to enable the petitioner to regularize the
loan account, within a time limit.
(ii) To dispense with the production of the English Translation of
documents in vernacular languages.
(iii) Any other appropriate writ, order or directions as this
Hon'ble court deem fit on the fact and in the circumstances of
the case and allow this petition with cost."
2. Heard both sides.
3. The learned Standing Counsel for the respondent Bank, upon
instructions, submits that the Bank is agreeable to permit the petitioner
to remit the overdue amount in eight equal monthly instalments.
4. In the above circumstances, the Writ Petition is disposed of
with the following directions:-
(i) Respondent Bank is directed to regularize the
loan account by accepting repayment of the entire
WP(C) NO. 31624 OF 2023
overdue amount of Rs.2,67,958/- along with Bank
charges from the petitioner.
(ii) The petitioner shall remit the overdue amount of
Rs.2,67,958/- together with any accrued interest and
charges in eight equal monthly instalments.
(iii) The first instalment shall be paid on or before
19.11.2023 and subsequent instalments shall be paid
on the last working day of every succeeding month.
(iv) The petitioner shall continue to pay the regular
EMIs in terms of the contract.
(v) In the event of default of any one instalment, the
respondent Bank is entitled to proceed in accordance
with law.
(vi) The proceedings initiated under the SARFAESI
Act against the petitioner shall be kept in abeyance to
facilitate repayment as stated above.
Sd/-
K.BABU,
JUDGE
saap
WP(C) NO. 31624 OF 2023
APPENDIX OF WP(C) 31624/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE NOTICE UNDER SECTION 13(2)
OF THE SARFAESI ACT, 2002 DATED 12-02-2020
Exhibit-P2 A TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 20-09-2023
//True copy//PA to Judge
