Kerala High Court
Rajani vs State Of Kerala on 8 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
WP(C) NO. 29446 OF 2023
PETITIONER/S:
RAJANI T S, AGED 46 YEARS WIFE OF SUKUMARAN, VELLAROTTIL
VEEDU, VELUR DESOM, VELUR VILLAGE, KUNNAMKULAM TALUK,
THRISSUR DISTRICT, PIN - 680601
BY ADVS. K.P.SANTHI: TARA PREM
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE KERALA STATE CO-OPERATIVE BANK LIMITEDSAHAKARANA
SATHABDHI MANDIRAM, KOVILAKATHUMPADAM,
THIRUVAMBADY.P.O, THRISSUR REPRESENTED BY ITS AUTHORISED
OFFICER, PIN - 680022
OTHER PRESENT:
S.GOPINATH-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.29446/2023
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JUDGMENT
Heard Ms K P Santhi, learned Counsel for the petitioner;
Mr S Gopinath, Senior Government Pleader for the 1st
respondent and Mr P C Sasidharan, Standing Counsel for the
2nd respondent/Bank.
2. The petitioner availed a home loan of Rs.15 lakhs
from the 2nd respondent Bank on 21.01.2020. The petitioner,
after making some payments, defaulted in remitting the EMIs.
The total outstanding became Rs.17,82,836/- on 10.05.2022.
Notice dated 03.09.2022 under Section 13(2) of the SARFAESI
Act was issued to the petitioner demanding the said amount of
Rs.17,82,836/- with interest from 10.05.2022. When the
petitioner failed to comply with the said notice, another notice
dated 21.02.2023 under Section 13(4) of the SARFAESI Act was
issued to the petitioner. On 27.07.2023, in pursuance of the
direction issued by the Chief Judicial Magistrate in Crl. M.P.
No.6166/2023, the Advocate Commissioner, served a notice
W.P.(C) No.29446/2023
dated 27.07.2023 to the effect that the possession of the
secured asset will be taken within fifteen days of receipt of the
notice. However, it appears that the possession has not yet
been taken.
3. Learned Counsel for the petitioner submits that the
petitioner is willing to pay off the entire outstanding amount
within a period of six months.
4. Learned Counsel for the Bank has not much
objection to the said submission of the learned Counsel for the
petitioner. However, he submits that to show the bona fides of
the petitioner, the petitioner must deposit a substantial
amount upfront.
5. Considering the said submissions, the present writ
petition stands finally disposed of:
(i) With the direction to the petitioner to deposit Rs.3.5
lakhs within a period of one month from today with the Bank
W.P.(C) No.29446/2023
and to undertake to deposit the remaining outstanding
amount in six equal monthly instalments.
(ii) If the petitioner deposits Rs.3.5 lakhs within a
period of one month from today with the Bank and undertakes
to deposit the remaining outstanding amount in six equal
monthly instalments, the SARFAESI proceedings against the
petitioner shall be kept in abeyance.
(iii) If the petitioner fails to deposit Rs.3.5 lakhs within
a period of one month from today or defaults in making
payment of any of the instalments thereafter, the Bank would
be free to proceed with the SARFAESI proceedings.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
W.P.(C) No.29446/2023
APPENDIX OF WP(C) 29446/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 3-9-2022 OF THE
2ND RESPONDENT WITH ENGLISH TRANSLATION
Exhibit P2 TRUE COPY OF THE NOTICE DATED 21-2-2023 OF THE
2ND RESPONDENT WITH ENGLISH TRANSLATION
Exhibit P3 TRUE COPY OF THE NOTICE DATED 13-3-2023 ISSUED
BY THE 2ND RESPONDENT WITH ENGLISH
TRANSLATION
Exhibit P4 TRUE COPY OF THE NOTICE DATED 27-7-2023 IN
CRL.M.P.NO. 6166 OF 2023 WITH ENGLISH
TRANSLATION
