Sainaba A P K vs The Branch Manager
2024 Latest Caselaw 11811 Ker

Kerala High Court

Sainaba A P K vs The Branch Manager 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.16682 OF 2024
PETITIONER/S:

          SAINABA A P K,
          AGED 71 YEARS, W/O ABDUL RAHIMAN,
          ANAKKARAN PUTHIYA PURAYIL, KIZHAKKEPEEDIKAYIL,
          AMATHALA, PETTIKUNDU P O,
          KASARAGOD, PIN- 671 313.

          BY ADVS.

          AMRUTHA DIWAKAR
          SAIRA SOURAJ P.
          RESMI SAJEEVAN
RESPONDENT/S:

    1     THE BRANCH MANAGER,
          KERALA GRAMIN BANK, CHEEMENI BRANCH,
          P O CHEEMENI, KASARAGOD, PIN - 671 313.

    2     AUTHORIZED OFFICER,
          KERALA GRAMIN BANK, CHEEMENI BRANCH,
          P O CHEEMENI, KASARAGOD, PIN - 671 313.


OTHER PRESENT:

          SRI.JAWAHAR JOSE-STANDING COUNSEL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
    30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
                        FOLLOWING:
 WP(C) NO.16682 OF 2024

                                 2


                         JUDGMENT

The petitioner is challenging the recovery

proceedings initiated against her under the Secularization and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002. The petitioner has availed a credit facility

from the respondents Bank and consequent to the default

committed by her in repaying the amount, the said account is

declared as NPA. Accordingly, recovery proceedings have been

initiated which is impugned in this writ petition.

2. Heard Smt. Amrutha Diwakar, the learned counsel for

the petitioner and Sri. Jawahar Jose, the learned Standing

Counsel for the respondents.

3. The learned counsel appearing for the Bank submits

that as on date, an amount of Rs. 11,40,929/- is overdue in the

loan. It is submitted by the learned counsel for the Bank upon

instructions that, they are amenable for granting an opportunity

to the petitioner to regularise the loan account by paying the

entire instalment overdue along with interest in reasonable

monthly instalments.

WP(C) NO.16682 OF 2024

4. In such circumstances, this writ petition is

disposed of granting an opportunity to the petitioner to

regularise the loan account by paying the instalment

overdue as mentioned above along with interest due

thereon in 12 equal monthly instalments commencing from

01.06.2024 onwards. The subsequent instalments shall be

paid by the petitioner on 5 th day of every succeeding

months. Along with the aforesaid payment, regular monthly

instalment shall also be paid. In case of default on the part

of the petitioner in payment of any of the instalments

including regular monthly instalments, the aforesaid facility

shall stand cancelled, upon which the Bank will be at liberty

to proceed with the recovery proceedings. Subject to the

above direction, the recovery proceedings against the

petitioner is directed to be kept in abeyance.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE S.M.K. WP(C) NO.16682 OF 2024

APPENDIX

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE SALE NOTICE DATED 22/8/2024 ISSUED BY THE 1ST RESPONDENT