Kerala High Court
1. Rajina Salam vs Authorised Officer on 30 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
WP(C) NO. 32142 OF 2023
PETITIONERS:
1 RAJINA SALAM
AGED 44 YEARS
W/O ABDUL SALAM,MUBARK HOUSE, PARAYIL ROAD, NEAR
I G M SCHOOL, ELAMAKKARA PO, ERNAKULAM, PIN -
682026
2 ABDUL SALAM
AGED 52 YEARS
S/O M . ALIKUNJU, MUBARK HOUSE, PARAYIL ROAD,
NEAR I G M SCHOOL, ELAMAKKARA PO, ERNAKULAM, PIN
- 682026
BY ADVS.
P.K.SAJEEVAN
A.H.SINCEY
RADHAKRISHNAN B.
JINISHLAL S.B.
MOOSAKUTTY V.S.
MARIA ANCY V.J.
LIBIN VARGHESE
MUHAMMED FIRDOUZ A.V.
ROSHINI S.GOPI
RESPONDENTS:
1 AUTHORISED OFFICER
KERALA GRAMIN BANK REGIONAL OFFICE ERNAKULAM
SAMSKKARA JUNCTION, PIPELINE ROAD PALARIVATTOM,
PIN - 682025
2 KERALA GRAMIN BANK
ELAMAKKARA BRANCH, PATHIYASSERIL BUILDING, NEAR
PUNNAKKAL TEMPLE, ELAMAKKARA PO , ERNAKULAM, PIN -
682026
W.P.(C) No.32142/2023
2
ADV.JAWAHAR JOSE SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.32142/2023
3
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:-
"i) To issue a writ of mandamus or any other
appropriate writ or order to direct the 2nd
respondent to allow the petitioners to pay the
arrear installments of the loan amount in 15
monthly installments and regularise the loan
account.
ii) Issue a writ of certiorari or any other
appropriate writ or order or direction to quash
Exhibit P4 e auction Sale notice dated 21/8/2023
under Rule 8 (6) and 9 of the Security Interest
(Enforcement) Rule 2002 and the immovable
property which is mortgaged by the petitioners
taken possession under the provision of the
Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act,
2002. of the Securitization and Reconstruction of
Financial Assets and Enforcement of Security
Interest Act, 2002 & all further proceedings up on
it.
iii) Grant such other reliefs that are found
necessary by this Hon'ble Court in the facts and
circumstances of the case "
2. Heard both sides.
W.P.(C) No.32142/2023
3. Upon instructions, the learned Standing Counsel for
the respondent Bank submitted that the total amount due to the
Bank is Rs.15,39,313/- as on date. The Bank is agreeable to
permit the petitioners to remit the amount in 18 equal monthly
instalments.
4. In the above circumstances, the Writ Petition is
disposed of with the following directions:-
(i) The petitioners shall remit the outstanding
amount of Rs.15,39,313/- together with any
accrued interest and charges in eighteen equal
monthly installments.
(ii) The first instalment shall be paid on
or before 30.10.2023 and the subsequent
instalments shall be paid on the last working day
of every succeeding month.
(iii) The respondent Bank shall accept the
outstanding loan amount from the petitioners as
stated above.
W.P.(C) No.32142/2023
(iv) In the event of default of any one
instalment, respondent Bank is entitled to
proceed in accordance with law.
(v) The proceedings initiated under the
SARFAESI Act against the petitioners shall be
kept in abeyance to facilitate repayment as
stated above.
(sd/-)
K.BABU, JUDGE
jsr/
W.P.(C) No.32142/2023
APPENDIX OF WP(C) 32142/2023
PETITIONER EXHIBITS
Exhibit 1 THE TRUE COPY OF THE BANK PASS BOOK OF
KERALA GRAMIN BANK, ACCOUNT NO.
56715324000415
Exhibit P2 THE TRUE COPY OF THE BANK PASS BOOK OF
KERALA GRAMIN BANK, ACCOUNT NO.
56715325000217
Exhibit P3 THE TRUE COPY OF THE BANK PASS BOOK OF
KERALA GRAMIN BANK ACCOUNT NO.
56715359002615
Exhibit P4 THE TRUE COPY OF THE E AUCTION SALE
NOTICE DATED 21/ 8/2023 ISSUED BY THE
1ST RESPONDENT
