Sajitha P.C vs State Bank Of India
2024 Latest Caselaw 9624 Ker

Kerala High Court

Sajitha P.C vs State Bank Of India on 4 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                WP(C) NO. 13345 OF 2024
PETITIONER:

         SAJITHA P.C.,
         AGED 39 YEARS,
         W/O ASOKAN K.,
         KUNDALAM PANDATH HOUSE,
         PULAPPATTA P.O.,
         KADAMPAZHIPURAM,
         PALAKKAD, PIN - 678632

         BY ADVS.
         M.R.REENA
         P.S.SUJETH


RESPONDENTS:

         STATE BANK OF INDIA,
         OTTAPPALAM BR.,
         PALAKKAD DT.,
         REP. BY ITS AUTHORIZED OFFICER,
         SARB II ,40/ 947 1ST FLOOR,
         R.S.BUILDING,
         METRO PILLA NO.697,
         OPP.MAHARAJAS COLLEGE GROUND M.G.ROAG,
         ERNAKULAM, PIN - 682011.

         BY ADV. SRI.JITHESH MENON, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.13345/2024
                                   :2:




                             JUDGMENT

Dated this the 4th day of April, 2024

The petitioner has approached this Court seeking

the following reliefs:

"i) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the respondent not to proceed any further under Ext.P1 possession notice dated 21.03.2024.

ii) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the respondent to consider Ext.P2 representation and may be regularised the loan account by paying the overdue amount in maximum equal monthly instalments.

iii) Issue other order or direction which this Court may deem fit and proper to grant in the circumstances of the case."

2. Standing Counsel submitted that the petitioner has

availed a Housing Loan of ₹20 lakhs in the year 2020 and a

Top-up Loan of ₹4.6 lakhs thereafter. The accounts became

NPA in the year 2023 and an O.A. has been filed by the

respondent.

3. Standing Counsel further submitted that the total

outstanding amount payable by the petitioner would be

₹23,63,872/- as on 02.04.2024 and the overdue amount

would come to ₹2.5 lakhs. If the petitioner remits the overdue

amount of ₹2.5 lakhs immediately, the account can be

regularised.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel for the respondent.

5. Taking into consideration the stand taken by the

Bank, I am of the view that the writ petition can be disposed

of with appropriate directions.

The writ petition is therefore disposed of directing

that if the petitioner remits overdue amount of ₹2.5 lakhs on

or before 11.04.2024, the respondent shall regularise the loan

account of the petitioner. If the petitioner fails to make the

payment before 11.04.2024 as directed above, the

respondent will be at liberty to proceed against the petitioner

in accordance with law.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 13345/2024

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 21-03-2024 ISSUED BY THE RESPONDENT.

Exhibit P2              A TRUE COPY OF THE REPRESENTATION
                        DATED    27-03-2024  SENT   BY   THE
                        PETITIONER.