Jithin K.R vs State Bank Of India Sbi
2023 Latest Caselaw 9605 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
     THURSDAY, THE 8TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945
                          WP(C) NO. 29309 OF 2023
PETITIONER:

              JITHIN K.R,
              AGED 35 YEARS
              S/O K.K RAVI, KALATHIPARAMBIL HOUSE, GJRA ROAD,
              P.O,CHIYYARAM, THRISSUR, KERALA, PIN - 680 026.

              BY ADVS.
              SALMAN FARIS
              VICTOR ANTONY NOONE
              NIDHA FAZLIYA A.R.


RESPONDENTS:

     1        STATE BANK OF INDIA SBI
              REPRESENTED BY ITS AUTHORIZED OFFICER, RASMECC BRANCH,
              SECOND FLOOR, KALLAI HEIGHTS, KALLAI POST,KOZHIKODE,
              KERALA,, PIN - 673 003.

     2        AUTHORIZED OFFICER
              STATE BANK OF INDIA, RASMECC BRANCH, SECOND FLOOR, KALLAI
              HEIGHTS, KALLAI POST, KOZHIKODE, KERALA,, PIN - 673 003.

              BY ADV S.MANU, SC, SBI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29309 OF 2023
                                  2




                 DINESH KUMAR SINGH, J.
              --------------------------------------------
               WP(C) NO. 29309 OF 2023
              --------------------------------------------
          Dated this the 08th day of September, 2023



                          JUDGMENT

1. This writ petition is filed to seek an order

for installment facility for making payment of the

arrears of loan amount and to regularize the loan

account.

2. The petitioner had availed a loan for an

amount of Rs. 40,00,000/- (Forty Lakhs only) on

September, 2019 from the respondent bank. The

loan was to be repaid in monthly installments from

2019 and the loan expires in 2039.

3. It is the case of the petitioner that out of

Rs.40,00,000/- (Rupees Forty Lakhs only) of the

loan amount, Rs.36,00,000/- (Rupees Thirty Six WP(C) NO. 29309 OF 2023

Lakhs only) was disbursed for the construction of a

double storied house. As a security for the said loan

amount, the petitioner had mortgaged his property

of an area of 15.25 cents of land and residential

building in Sy No. 26/11 of Nenmeni village, Sultan

Bathery Taluk, Wayanad District. The petitioner

had defaulted in the repayment of the loan and the

bank had initiated proceedings under the

SARFAESI Act to recover the loan amount.

Advocate commissioner had been appointed by the

Learned Chief Judicial Magistrate Court, Kalpetta

by an order dated 22.08.2023 for taking physical

possession of the said property. The petitioner has

filed O.A No. 383 of 2022 before DRT. If the

petitioner is aggrieved by Annexure of the Bank

and approached DRT for appropriate proceedings

under the law. However, this Court is not inclined

to interfere in this Writ Petition. The petitioner may WP(C) NO. 29309 OF 2023

approach the DRT within a period of one week

from today for the physical possession of the

property.

4. The Learned Counsel for the Bank

informed this Court that, the Bank will not take any

further proceedings for a period of one week.

5. With the aforesaid directions, the Writ

Petition is disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE rpr WP(C) NO. 29309 OF 2023

APPENDIX OF WP(C) 29309/2023

PETITIONER'S EXHIBIT

Exhibit1 TRUE COPY OF THE ORDER DATED 22.08.2023 WITH ENGLISH TRANSLATION