Kerala High Court
Surendran Chettiyar vs Kerala Bank Ltd on 1 November, 2024
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2024:KER:81659
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 36614 OF 2024
PETITIONER/S:
SURENDRAN CHETTIYAR,
AGED 66 YEARS
S/O. VELAYUDHAN CHETTIYAR, PALLINADAYIL VEEDU, GAND-
HIPURAM, SREEKARYAM P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695017
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
1 KERALA BANK LTD.,
CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, REPRE-
SENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN - 695033
2 THE AUTHORIZED OFFICER & AREA MANAGER,
UNDER THE SARFAESI ACT, KERALA BANK LTD., FORT P.O.,
THIRUVANANTHAPURAM, PIN - 695023
3 THE BRANCH MANAGER,
KERALA BANK LTD., CHALA BRANCH, THIRUVANANTHAPURAM,
PIN - 695036
BY ADV THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 36614 of 2024 2024:KER:81659
SYAM KUMAR V. M , J
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W.P. (C) No. 36614 of 2024
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Dated this the 01st day of November, 2024
JUDGMENT
This writ petition is filed by the petitioner seeking the
following reliefs :-
" 1. Call for the entire records relating to Ext-P2 and P5 from the
respondents;
2. Issue a writ of mandamus or any other writ, directions or
order directing the respondents to return possession of the secured
asset and permit the petitioner to repay the loan arrears in
installments on such terms as fixed by this Hon'ble Court after
regularizing the loan;
3. Such other relief that this Honorable court may deem fit to
render justice to the petitioner."
2. Petitioner had availed a mortgage housing loan and
could not make regular payment of installments due to paucity of
funds. Recovery steps followed and the possession of the property
has already been taken by the bank. The learned Counsel
W.P. (C) No. 36614 of 2024 2024:KER:81659
appearing for the petitioner submits that the property taken
possession of is a residential property. The learned Counsel
further submits that, the petitioner is suffering from cardiac
disease and he is eager to regain back the possession of the
premises. He may be permitted to avail installment facility, prays
the learned Counsel.
3. Heard the learned Counsel appearing for the petitioner
as well as the learned Counsel Sri. Thomas Abraham appearing for
the respondents 1,2 and 3.
4. The learned Counsel appearing for the respondents,
based on instructions, submitted that the total amount due and
payable by the petitioner is Rs.41,47,238/-. The period of loan is
already over and the bank is anxious and eager to recover the
amounts that are due as otherwise substantial loss will be caused to
the bank. In so far as the possession has already been taken, it is
submitted by the learned counsel for the respondent bank that, unless
and until the petitioner remits a substantial amount towards the
outstanding dues, the bank is not amenable to the installment
arrangement as suggested by the petitioner.
5. The learned Counsel appearing for the bank agrees to
extend installment facilities to the petitioner, provided an amount of
W.P. (C) No. 36614 of 2024 2024:KER:81659
Rs.50,00,000/- is deposited by the petitioner within a period of one
month from today. Rest of the amount shall be deposited by the
petitioner in ten equal consecutive monthly installments along with
any bank charges or interests if any. The learned Counsel for the
petitioner agrees to the said arrangement.
In view of the above, this writ petition is disposed of with
following directions:-
1) The petitioner shall remit an amount of Rs.50,00,000/- within
a period of one month from today, ie., on or before 01.12.2024.
2) Upon the petitioner remitting the above amount of
Rs.50,00,000/-, the possession of the property which has now
been taken over by the respondent bank shall be handed over
back to the petitioner. The petitioner shall thereafter remit the
entire amount that is outstanding along with the charges in
ten equal monthly installments, along with interest of bank
charges, if any.
3) If the petitioner make any default in remitting the amounts
as per the above arrangement, the bank will be free to proceed in
accordance with law.
Sd/-
SYAM KUMAR V. M
NJ JUDGE
W.P. (C) No. 36614 of 2024 2024:KER:81659
APPENDIX OF WP(C) 36614/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 21.01.2020 IN W.P.(C) NO.
Exhibit P2 TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF
RS. 2,39,000/- ON 20.02.2020
Exhibit P3 TRUE COPY OF THE CARDIOLOGY TREATMENT PROCE-
DURE UNDERWENT BY THE PETITIONER AT COS-
MOPOLITAN HOSPITAL, THIRUVANANTHAPURAM ON
21.12.2021
Exhibit P4 TRUE COPY OF THE TREATMENT PROCEDURE UNDER-
WENT AT COSMOPOLITAN HOSPITAL, THIRUVANANTHA-
PURAM ON 17.06.2024
Exhibit P5 TRUE COPY OF THE NOTICE DATED 31.08.2024 IS-
SUED BY THE ADVOCATE COMMISSIONER WITH ENG-
LISH TRANSLATION
