Soumya vs The Area Manager And Authorised Officer
2024 Latest Caselaw 11803 Ker

Kerala High Court

Soumya vs The Area Manager And Authorised Officer on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                      WP(C) NO. 16045 OF 2024
PETITIONER:

          SOUMYA,
          AGED 37 YEARS
          W/O MANOJ KUMAR,RENADEVA VILASAM,
          KOTTAVATTOM P.O., KOLLAM,
          PIN - 691322

          BY ADV SHABU SREEDHARAN


RESPONDENT:

          THE AREA MANAGER AND AUTHORISED OFFICER,
          KERALA BANK, KIZHAKETHERUVU BRANCH,
          PUNALUR, KOLLAM, PIN - 691305


OTHER PRESENT:

          SRI.P.C.SASIDHARAN, SC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.16045/2024

                                           -:2:-




                           Dated this the 30th day of April, 2024

                               JUDGMENT

Petitioner availed a consumption loan of

Rs.6,00,000/- from the respondent - Bank by mortgaging

her property. The petitioner defaulted the repayment of

the loan amount. Hence, proceedings under the

Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002, was initiated.

The petitioner approached this Court by filing W.P.

(C)No.7934/2023, seeking to direct the respondent to grant

instalment facility to clear off the entire loan amount. As

per Ext P2 judgment, this Court permitted the petitioner to

clear off the overdue amount of Rs.4,07,165/- in 15 equal

monthly instalments. However, the petitioner could pay

only two instalments.

2. The learned counsel for the petitioner submits

that the petitioner is prepared to clear off the entire

balance amount within a period of six months. The learned

counsel for the respondent is amenable for the same.

Hence, this writ petition is disposed of granting an

opportunity to the petitioner to clear off the entire amount

due with interest within a period of six months from today.

In case of default on the part of the petitioner, the Bank

will be at liberty to proceed with the recovery proceedings.

Subject to the above direction, the recovery proceedings

against the petitioner shall be kept in abeyance for a

period of six months.

Sd/-

                       DR. KAUSER EDAPPAGATH, JUDGE

DST/02.05.24                                         //True copy//

                                                     P.A.To Judge







                              APPENDIX


PETITIONER EXHIBITS
EXHIBIT-P1          THE   TRUE  COPY   OF   THE   NOTICE    DATED

28/12/2022 ISSUED BY THE RESPONDENT

EXHIBIT-P2 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.

7934/2023 DATED 9.3.2023

EXHIBIT-P3 THE TRUE COPY OF THE NOTICE DATED 3.2.2024 ISSUED BY THE RESPONDENT

RESPONDENT'S EXHIBITS : NIL