Kerala High Court
Maharunnissa vs The South Indian Bank Ltd, Represented ... 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. 18748 OF 2024
PETITIONERS:
1 MAHARUNNISSA,
AGED 34 YEARS
D/O LATE HAMEED B A,13/336,NADAPPALLAM HOUSE,
MORGAL P O, KUMBLA VIA, KASARGOD, PIN - 671321
2 RAHMATH BEEVI B A,
AGED 26 YEARS
D/O LATE HAMEED, B A,13/336,NADAPPALLAM HOUSE,
MORGAL P O, KUMBLA VIA,KASARGOD, PIN - 671321
3 MOIDEEN MAHAFOOS B A
AGED 23 YEARS
S/O LATE HAMEED B A ,13/336,
NADAPPALLAM HOUSE,MORGAL P O,
KUMBLA VIA,KASARGOD, PIN - 671321
4 MUHAMMED HANEEFA B A
AGED 33 YEARS
S/O LATE HAMEED B A ,13/336,
NADAPPALLAM HOUSE, MORGAL P O,
KUMBLA VIA,KASARGOD, PIN - 671321
BY ADVS.
RESHMA E.
ATHEENA ANTONY
RESPONDENT
THE SOUTH INDIAN BANK LTD,
REPRESENTED BY ITS AUTHORIZED OFFICER
REGIONAL OFFICE, KANNUR,
SIB HOUSE,CHALAD-ALAVIL ROAD,
CHALAD,KANNUR, REGD.OFFICE,SIB HOUSE,
T.B ROAD ,MISSION QUARTERS,
THRISSUR,, PIN - 670014
SRI.S.LAKSHMY-R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.18748 Of 2024
2
JUDGMENT
Dated this the 24th day of May, 2024
The petitioners' father availed a Home Loan of
₹15 lakhs and the brother of the petitioners along with his
wife availed a Cash Credit Loan of ₹5 lakhs from the
respondent-Bank. The petitioners, who are facing
proceedings under the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act,
2002, have filed this writ petition aggrieved by Annexure A1
Section 13(2) notice and seeking to direct the respondent to
regularise the loan account and to permit the petitioners to
remit the defaulted amount in 12 equal monthly instalments.
2. Standing Counsel representing the Bank entered
appearance and resisted the writ petition. The Standing
Counsel submitted that an O.A has already been filed before
the Debts Recovery Tribunal and therefore, there is no
question of regularisation of the loan account. What has
WP(C) No.18748 Of 2024
been issued now is only a Section 13(2) notice. If the
petitioners submit any objection to Section 13(2) notice, the
Bank can consider the same and take a decision thereafter.
The writ petition is premature, contended the Standing
Counsel for the respondent.
3. Taking into consideration the fact that what has
been issued now is only a Section 13(2) notice and the
petitioners have a statutory opportunity to file objections and
since no immediate coercive action is expected, the writ
petition is disposed of directing the petitioners to file
objections to Section 13(2) notice. If the petitioners file
objections within the stipulated statutory period, coercive
proceedings against the petitioners, if any, can be continued
only after considering the same.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.18748 Of 2024
APPENDIX OF WP(C) 18748/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE NOTICE DATED
04.04.2024 ISSUED BY THE RESPONDENT
