Kerala High Court
Reema Mathew vs Bank Of Baroda on 3 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
WP(C) NO. 16144 OF 2024
PETITIONER:
REEMA MATHEW,
AGED 41 YEARS
D/O V.C.MATHEW,
CHICKULATHIL ROY VILLA, THOLASHERRY,
THIRUVALLA, PATHANAMTHITTA DISTRICT,
PRESENTLY RESIDING AT BUILDING NO.364,
FLAT 11, BLOCK 311, MANAMA,
KINGDOM OF BAHRAIN, PIN - 689101
BY ADVS. K.SHAJ
BEENA N.KARTHA
C.IJLAL
POORNIMA RAJAN
ARUN CHAND
BHARAT VIJAY P.
KEVIN JAMES
MAJID MUHAMMED K.
MINU VITTORRIA PAULSON
GOPIKA GOPAL
ARCHANA P.P.
AKHILA HUSSAIN Z.
RESPONDENTS:
1 BANK OF BARODA,
HAVING ITS BRANCH OFFICE AT ADOOR,
SANTHOSH BUILDING, NEAR GENERAL HOSPITAL,
ADOOR, PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER,
PIN - 691523
2 CHIEF MANAGER AND AUTHORISED OFFICER,
BANK OF BARODA, BRANCH OFFICE AT ADOOR,
SANTHOSH BUILDING, NEAR GENERAL HOSPITAL,
ADOOR, ATHANAMTHITTA DISTRICT.,
PIN - 691523
BY ADV LEO GEORGE
OTHER PRESENT:
SRI.K.ANAND, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.16144/2024
-:2:-
Dated this the 3rd day of May, 2024
JUDGMENT
The petitioner is challenging the recovery
proceedings initiated against her under the
Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002. The
petitioner has availed a credit facility from the
respondent Bank and consequent to the default
committed by the petitioner 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 Sri. K. Shaj, learned counsel for the
petitioner and Sri. K. Anand, learned Standing Counsel
for the respondents.
3. The learned counsel appearing for the Bank
submits that as on date, an amount of Rs.5,50,000/- 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.
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 two equal monthly instalments commencing
from 15.05.2024 onwards. The subsequent instalment
shall be paid by the petitioner on 15 th day of next
month. 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. On payment of the entire
overdue amount, the bank shall give back the
possession of the property already taken.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
DST/03.05.24 //True copy//
P.A.To Judge
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED
20/03/2024 ISSUED BY THE ADVOCATE
COMMISSIONER APPOINTED AS PER ORDER DATED
29/02/2024 IN MC NO.28/2024 OF THE CHIEF
JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA
TO PETITIONER.
RESPONDENTS EXHIBITS : NIL
