Ijas Ismail vs The Bank Of Baroda
2024 Latest Caselaw 12094 Ker

Kerala High Court

Ijas Ismail vs The Bank Of Baroda on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
 THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                 WP(C) NO. 16720 OF 2024
PETITIONER/S:

         IJAS ISMAIL,
         AGED 24 YEARS
         S/O ISMAIL,VELIYATHUPARAMBIL (H),
         MATTUMMEL JUNCTION, NEAR MANTHRIKKAL
         TEMPLE, ALUVA, ERNAKULAM DISTRICT, PIN -
         683106
         BY ADV LIFFY P. FRANCIS


RESPONDENTS:

   1     THE BANK OF BARODA,
         ALUVA BRANCH, SUB JAIL ROAD,LOURDE CENTRE,
         ALUVA,REPRESENTED BY ITS CHIEF MANAGER, PIN
         - 683101
   2     THE CHIEF MANAGER,
         THE BANK OF BARODA,ALUVA BRANCH, SUB JAIL
         ROAD,LOURDE CENTRE,ALUVA, PIN - 683101
OTHER PRESENT:

         SRI NAGARAJ NARAYANAN, SC OF BANK OF
         BARODA.



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WPC 16720/2024

                                       2




                                 JUDGMENT

The petitioner has availed a loan from the

respondent bank by mortgaging his property. Since the

petitioner defaulted payment of installments, the

respondent bank initiated proceedings under the

Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002

(SARFAESI Act). This writ petition is filed for a

direction to the respondents to provide installment

facility to the petitioner to clear off the liability.

2. Sri. Nagaraj Narayanan, the learned

standing counsel for the respondent bank, on

instructions, submits that the total amount

outstanding in the loan account of the petitioner is

Rs. 19, 98, 460/- and that if the petitioner pays the

said amount in six equal monthly installments, the

account can be closed and coercive steps can be

withdrawn.

3. The learned counsel for the petitioner

submits that the petitioner will remit the outstanding

amount in 14 equal monthly installments

commencing from 01.07.2024.

In view of the submission made by the learned

counsel for the petitioner and the learned standing

counsel for the respondents, this writ petition is

disposed of with a direction to the petitioner to pay

the outstanding amount of Rs. 19,98,460/- in 14

equal monthly installments commencing from

01.07.2024. In case the petitioner defaults payment

of any of the installments as above, it will be open

for the respondent bank to proceed against the

petitioner in accordance with law. To enable the

petitioner to pay the installments as above, coercive

steps pursuant to Ext.P3 shall be kept in abeyance.

It is made clear that the directions as above do

not pertain to the housing loan availed by the

petitioner.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

APPENDIX OF WP(C) 16720/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER NO.BOB/ALWAYE/ADV/72 DATED 06.07.2022 SENT BY 1ST RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE ACCOUNT STATEMENT PERTAINING TO LOAN ACCOUNT NO.05620400007157 FOR A PERIOD FROM 1.1.2024 TO 31.03.2024 ISSUED TO THE PETITIONER BY RESPONDENT BANK Exhibit P3 TRUE COPY OF THE NOTICE DATED 29.02.2024 ISSUED BY THE RESPONDENT BANK UNDER SECTION 13(2) OF SARFAESI ACT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 22.4.2024 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT