Kerala High Court
Meera.P vs State Bank Of India on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 15943 OF 2024
PETITIONER:
MEERA.P,
AGED 62 YEARS
W/O LATE MYCLE, PRIYA NIVAS, AZHIYUR,
KOZHIKODE DISTICT-673 309
BY ADVS.
U.K.DEVIDAS
K.K.ANILRAJ
RESPONDENTS:
1 STATE BANK OF INDIA,
RASMECCC, FORT ROAD,
KANNUR, DISTRICT-670 001,REPRESENTED BY
ITS AUTHORIZED OFFICER (CHIEF MANAGER)
2 STATE BANK OF INDIA,
MAHE BRANCH, P.B. NO 3,
LAKSHMI BUILDINGS, MAIN ROAD,
OPP.POLICE STATION-673 310,
REPRESENTED BY ITS BRANCH MANAGER.
BY SRI.JITHESH MENON, SC FOR SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15943 OF 2024
2
JUDGMENT
The petitioner has availed a housing loan from the
respondent - Bank on 14.07.2015. Since the petitioner
committed default in repayment, the respondent initiated steps
under the provisions of the 'Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002'
(SARFAESI Act for short). Aggrieved by the same, the petitioner
has filed this writ petition.
2. When this matter was called today, learned Standing
Counsel for the respondent - Bank submitted that, if the
petitioner is interested, she can be allowed to pay off the overdue
amount in her loan account in installments, so that the said
account can then be regularised. He submitted that the overdue
in the Loan Account of the petitioner, as on 19.04.2024, is
Rs.1,66,629/-; and that if this Court is so inclined, the petitioner
can be allowed to pay off the said amount in not more than 8
instalments, provided she pays the same along with regular EMIs
without default.
3. Sri.U.K.Devidas - learned counsel for the petitioner,
submitted that his client accepts the afore and prays that this Writ
Petition be so ordered.
WP(C) NO. 15943 OF 2024
4. Taking note of the afore submissions, I allow this Writ
Petition and permit the petitioner to pay off the overdue amount of
Rs.1,66,629/- as on 19.04.2024, along with all applicable charges
and interest, in 8 equal monthly instalments, commencing from
10.05.2024. These payments shall be made along with the regular
EMIs, without any default in either of them.
Needless to say, if the overdue amount is paid by the
petitioner as afore, her account will stand regularised; but should
she default in payment of two consecutive instalments, as ordered
by this Court, or any of the regular EMIs, then the benefit of this
judgment will be lost to her; and necessary recovery action can be
continued against her, without the Bank having to obtain any
further orders from this Court.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
rp
WP(C) NO. 15943 OF 2024
APPENDIX OF WP(C) 15943/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED
5.1.2024 ISSUED BY THE FIRST RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTICE DATED 22.2.2024
ISSUED BY THE FIRST RESPONDENT
Exhibit P3 TRUE COPY OF THE NOTICE DATED 4.3.2024 IN
C.M.P. NO 268 OF 2024 BEFORE THE HON'BLE
CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE
ISSUED BY ADVOCATE COMMISSIONER TO THE
PETITIONER
Exhibit P4 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED
8.4.2024 ISSUED BY THE SECOND RESPONDENT
