Sheeja vs The Authorized Officer
2024 Latest Caselaw 17258 Ker

Kerala High Court

Sheeja vs The Authorized Officer on 20 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                  WP(C) NO. 8681 OF 2024
PETITIONER:

         SHEEJA,
         AGED 49 YEARS
         SHEEJA BHAVANAM MAROOR PO ,
         ELAMMOOR PATHANAMTHITTA - 691524.

         BY ADV M.R.SARIN


RESPONDENT:

         THE AUTHORIZED OFFICER,
         KERALA BANK REGIONAL OFFICE
         PBNO 104 OPPOSITE MUNICIPAL TOWN HALL
         ALAPUZHA, PIN - 688001.

         BY ADV K.AMMINIKUTTY


     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.8681 of 2024
                                 :2:




                        JUDGMENT

Dated this the 20th day of June, 2024

The petitioner availed a loan of ₹3 lakhs from the Kerala

Bank. When the petitioner defaulted in making repayments,

the respondent initiated coercive proceedings invoking the

provisions of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

2002. At this stage, the petitioner approached this Court

seeking to direct the respondent to grant 24 monthly

instalments to the petitioner to pay the outstanding amount in

Ext.P1.

2. Ext.P1 is a sale notice. As per the sale notice, the

outstanding liability is ₹8,60,893/-.

3. When the writ petition came up for admission, this

Court passed an interim order on 05.03.2024, staying further

coercive proceedings against the petitioner on condition that

the petitioner remits an amount of ₹2 lakhs on or before

26.03.2024. The petitioner has not paid the said amount.

Considering the afore facts, I am not inclined to grant any

further discretionary relief to the petitioner. The writ petition is

accordingly dismissed. It will be open to the petitioner to

approach the Bank for any further negotiation / settlement of

the loan account.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 8681/2024

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE NOTICE DATED 22.02.2024 ISSUED BY THE RESPONDENT BANK