Kerala High Court
Geetha D vs Authorised Officer on 24 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 18636 OF 2024
PETITIONER:
GEETHA D
AGED 54 YEARS, W/O V R ANANDHAKUMAR
GEETHA BHAVAN, INCHAVILA P.O, PERINAD,
KOLLAM, PIN - 690601.
BY ADVS.
AJIN SALAM
FATHIMA SHALU S.
RESPONDENTS:
1 AUTHORISED OFFICER
KERALA STATE CO-OPERATIVE BANK
KUNDARA AREA, ANCHALUMOODU BRANCH,
KOLLAM, PIN - 690601.
2 BRANCH MANAGER
KERALA STATE CO-OPERATIVE BANK
KUNDARA AREA, ANCHALUMOODU BRANCH,
KOLLAM, PIN - 690601.
BY ADV.SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.18636 of 2024
:2:
JUDGMENT
Dated this the 24th day of May, 2024
The petitioner has approached this Court aggrieved by
the coercive proceedings for recovery of financial advance
made by the Kerala State Co-operative Bank to the
petitioner, invoking the provisions of the Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002.
2. The Bank paid ₹10,45,000/- to the petitioner as
Simple Loan in the year 2018. The petitioner states that
though the petitioner made remittances promptly during the
initial repayment period of the financial advance, she could
not pay the repayment instalments promptly later due to
Covid-19 pandemic. The repayment of loan fell into arrears.
It happened due to reasons beyond the control of the
petitioner.
3. Though the petitioner requested the Bank to
permit the petitioner to repay the overdue amounts in easy
monthly instalments, the Bank authorities were not yielding.
The authorities, instead, started coercive proceedings,
invoking the provisions of the Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 and the Security Interest
(Enforcement) Rules, 2002 and issued Ext.P1 notice.
4. The petitioner states that she is still in a position to
clear the overdue amounts towards the loan, if sufficient time
is given to clear the dues in easy monthly instalments. If the
respondents are permitted to continue with the coercive
proceedings and auction the secured assets provided by the
petitioner, she will be put to untold hardship and loss.
5. Standing Counsel entered appearance on behalf
of the Bank and denied all the statements made by the
petitioner. On behalf of the respondents, it is submitted that
the loan was given to the petitioner in the year 2018. The
petitioner committed default in repaying the loan.
6. The Bank repeatedly reminded the petitioner and
required him/her to clear the dues. The petitioner deliberately
omitted to do so. In the circumstances, the Bank had no
other go than to proceed against the petitioner invoking the
provisions of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act,
2002. The impugned Ext.P1 notice was issued in these
circumstances. The petitioner has not advanced any legal
reasons to thwart the coercive proceedings initiated by the
Bank.
7. The Standing Counsel, however, submitted that if
the petitioner is ready and willing to make a substantial
payment soon and remit the balance overdue amount
immediately thereafter, a short breathing time can be granted
to the petitioner to clear the dues. The Standing Counsel
submitted that the outstanding amount due to the Bank from
the petitioner is ₹19,54,091/- and the overdue amount as on
23.05.2024 is ₹10,37,000/-.
8. I have heard the counsel for the petitioner and the
Standing Counsel representing the Bank.
9. The specific case of the petitioner is that the
petitioner has been making the repayment and maintaining
the loan account initially. The default in repayment occurred
lately due to reasons beyond the control of the petitioner. The
petitioner has provided substantial security which will
safeguard the interest of the Bank.
10. In the facts and circumstances of the case, I am
inclined to dispose of the writ petition giving a short and
reasonable time to the petitioner to clear off the liability.
11. The writ petition is therefore disposed of with the
following directions:
(i) The petitioner shall remit an amount of
₹2 lakhs within a period of three weeks from
today.
(ii) The petitioner shall remit the balance
overdue amount in subsequent consecutive
eight equal monthly instalments thereafter,
along with accruing interest and other Bank
charges, if any.
(iii) If the petitioner commits default in
making payments as directed above, the
respondents will be at liberty to continue
with coercive proceedings against the
petitioner in accordance with law.
(iv) The petitioner shall also pay current
EMIs along with the aforesaid payments.
(v) If the petitioner makes payments as
directed above, coercive proceedings, if any,
against the petitioner shall stand deferred.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 18636/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE ADVOCATE
COMMISSIONER NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 06.05.2024
Exhibit P2 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 20.05.2024 SUBMITTED BEFORE THE
1ST RESPONDENT
