Kerala High Court
Paul Joseph vs Special Sale Officer on 6 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 1128 OF 2024
PETITIONER/S:
PAUL JOSEPH
AGED 47 YEARS
S/O JOSEPH, PARACKAL HOUSE, NJEEZHOOR, KOTTAYAM,
PIN - 686612.
BY ADVS.
S.MOHAMMED AL RAFI
THAJUNA MARIA FRANCIS
RESPONDENT/S:
1 SPECIAL SALE OFFICER
NJEEZHOOR SCB GROUP, VAIKOM SAHAKARANA SANGAM, ASSISTANT
REGISTRAR (GENERAL) OFFICE, VAIKOM, PIN - 686141.
2 NEEZHOOR SERVICE CO-OPERATIVE BANK LTD, NO.K-136
REPRESENTED BY ASSISTANT SECRETARY, NEEZHOOR
BRANCH,NEEZHOOR P.O, KOTTAYAM, PIN - 686612.
BY ADV M.G.KARTHIKEYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1128 OF 2024 2
JUDGMENT
The petitioner is a plantation worker. He is stated to have availed a
loan for a sum of Rs.15 lakhs in the year 2015 from the 2nd respondent
Bank. By way of collateral, the immovable property owned by the petitioner
was mortgaged. The petitioner states that as a direct consequence of the
pandemic, the petitioner suffered financial setbacks, and he could not make
the loan repayments on time. When default was committed, the Bank
initiated proceedings to recover the amounts, and he has now been served
with Ext.P1 recovery notice. It is in the above backdrop that the petitioner
is before this Court seeking issuance of directions to the Bank to grant the
petitioner breathing time to clear the outstanding.
2. The learned Standing Counsel appearing for the respondents
submits that the loan was availed in the year 2015, and the total
outstanding as of the date is Rs.24,91,305/-. It is submitted that the 2nd
respondent is not averse to granting the petitioner an opportunity to clear
the outstanding. However, he submits that not more than ten installments
be granted.
3. Upon careful consideration of the submissions made by both
parties, it is evident that the petitioner owes in excess of Rs.24 lakhs to
the 2nd respondent Bank. The respondents, very fairly, have agreed to
permit the petitioner to settle these debts through a limited number of
installments. As a measure of last resort, I am inclined to issue directions
to facilitate the petitioner in discharging his financial obligations to the 2nd
respondent. This approach is deemed necessary to provide a structured
pathway for the petitioner to clear off his monetary liabilities in a
manageable manner.
4. Resultantly, this writ petition is ordered, and the following
directions are issued:
(i) The petitioner shall approach the 2nd respondent with a
request to inform him of the details of the outstanding
amount together with interest and other charges due from
him in respect of the loan account. If such a request is
made within two weeks from the date of receipt of a copy
of this judgment, the 2nd respondent shall forthwith issue
a statement in writing detailing the amounts due.
(ii) On receipt of such a statement, the petitioner shall pay
the amounts shown therein in eighteen (18) equal monthly
installments. The first of which shall be payable on
15.3.2024, and the balance shall be paid on the 1st of
every succeeding month.
(iii) If the amounts are diligently paid in terms of the
directions above, coercive proceedings initiated against
him by the respondents for the realization of the amount
shall be kept in abeyance.
(iv) It is made clear that if the petitioner commits default
of any two installments, he will lose the benefit of this
judgment, and the concerned respondents will be free to
continue the recovery proceedings against him from the
stage at which he presently stands and recover the entire
amount along with interest and other charges.
(v) It is further made clear that no application for an
extension of time will be entertained.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sru
APPENDIX OF WP(C) 1128/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 04/01/2024 ISSUED
BY THE 1ST RESPONDENT
