Laila Rafeeque vs Union Bank Of India
2024 Latest Caselaw 12166 Ker

Kerala High Court

Laila Rafeeque vs Union Bank Of India on 14 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                      WP(C) NO. 17732 OF 2024
PETITIONER:

           LAILA RAFEEQUE
           AGED 45 YEARS
           ALHAMDULILLA MANZIL, MAYANAD,NAYADATHPARAMBA,
           KODAKATTU THAZHAM, KOTTAPPARAMBA, KOZHIKODE,
           PIN - 673008
           BY ADV VIJAYAKUMARI


RESPONDENT:

             UNION BANK OF INDIA
             REPRESENTED BY THE AUTHORISED OFFICER, UNION BANK
             OF INDIA, FIRST FLOOR, KSHB BUILDING, VIKAS NAGAR,
             EAST HILL ROAD, KOZHIKODE, PIN - 673005

             SC - Adv. ASP KURUP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.17732 of 2024          :2:



                           VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C) No.17732 of 2024
         --     -- -- -- -- -- -- -- -- -- -- -- --
                   Dated this the 14th day of May, 2024

                                JUDGMENT

The petitioner has approached this Court challenging Ext.P1

notice under the Securitization and Reconstruction of Financial

Assets and Enforcement of Security Interest Act (SARFAESI) Act

and seeks for 24 instalments to pay the amount due to the bank.

2. The learned Standing Counsel appearing for the bank

would submit that the total overdue amount as on date is

Rs.2,07,000/- and the loan can be regularised if the petitioner pays

a substantial amount initially and pay balance amount in

reasonable instalments.

3. Considering the facts and circumstances of the case and

submissions made across the bar, I dispose of the writ petition

directing to regularise the loan amount on the following conditions:

i) The petitioner shall pay an amount of Rs.50,000/-

(Rupees fifty thousand only) within a period of one

month from today.

ii) The balance amount along with the accrued

interest and other charges shall be paid by the

petitioner in 10 equated monthly installments,

commencing from 15.06.2024 and shall continue

to pay the regular instalments as per the original

loan schedule.

iii) In the event of any single default in payment as

directed above, the respondent bank shall be free

to continue the recovery proceedings from the

stage at which they presently stand.

iv) It is made clear that if the petitioner complies

with the aforesaid directions, further proceedings

for recovery shall be kept in abeyance.

With the above said directions, this writ petition is disposed

of.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 17732/2024

PETITIONER EXHIBITS Exhibit .P1 TRUE COPY OF POSSESSION NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER