Kiran M.S vs The Branch Manager Hdfc Bank Ltd
2024 Latest Caselaw 31780 Ker

Citation : 2024 Latest Caselaw 31780 Ker
Judgement Date : 6 November, 2024

Kerala High Court

Kiran M.S vs The Branch Manager Hdfc Bank Ltd on 6 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                                                    2024:KER:83400

WP(C) NO. 39168 OF 2024

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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                   THE HONOURABLE MR. JUSTICE D. K. SINGH

     WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                           WP(C) NO. 39168 OF 2024


PETITIONERS:
     1      KIRAN M.S,
            AGED 41 YEARS
            S/O. SIVADASAN, KRISHNA BHAVAN,IQBAL NAGAR 96 VADAKKEVILA
            P.O, KOLLAM, PIN - 691010
     2      ASWANY KIRAN,
            AGED 36 YEARS
            W/O KIRAN M.S, NOW RESIDING AT KRISHNA BHAVAN, IQBAL NAGAR
            96 VADAKKEVILA P.O., KOLLAM, PIN - 691010
            BY ADV M.KABANI DINESH

RESPONDENTS:

     1      THE BRANCH MANAGER HDFC BANK LTD,
            1ST FLOOR M R HERITAGE PALAT JUNCTION, WEST FORT ROAD,
            PALAKKAD, PIN - 678001

     2      THE REGIONAL MANAGER HDFC BANK LTD.
            D.NO.56/3 1ST FLOOR, MSRK TOWER, BHARATHI PARK CROSS -2
            SAIBAABA COLONY, COIMBATORE-, PIN - 641011

            BY ADVS.
            Ambily S
            RUPA R. NAIR(K/001021/2023)
            K.K.CHANDRAN PILLAI (SR.)(C-41)


            S.AMBILY-SC


     THIS   WRIT    PETITION   (CIVIL)       HAVING   COME   UP   FOR   ADMISSION   ON
06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                               2024:KER:83400

WP(C) NO. 39168 OF 2024

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                                      JUDGMENT

The present writ petition has been filed with the following

prayers:-

"i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to regularise the loan account by repaying the due amount in 24 equal instalments. ii. To direct the respondent to give a reasonable time for remitting the entire loan amount under One Time Settlement Scheme. iii. The petitioners prays that this Hon'ble court may be pleased to dispense with the translation of the documents produced in the vernacular language.

iv. To issue such other appropriate writ, order or direction as deem fit and proper in the facts and circumstances of the case."

2.The petitioner had availed an housing loan from the

respondent Bank for Rs.25,00,000/- in the year 2007. The

petitioner has committed serious defaults in repaying the loan

amount, and therefore, the Bank, after classifying the loan account

as NPA, has proceeded under the provisions of the SARFAESI Act

and rules made thereunder.

3.The learned counsel for the respondent Bank on

instructions submitted that as of today the total outstanding

amount is Rs.15,39,316/- and the total overdue amount is 2024:KER:83400

WP(C) NO. 39168 OF 2024

Rs.3,44,239/-. He further submits that if the petitioner is willing

to pay a substantial upfront payment along with one EMI, as this

court may direct, the Bank shall regularize the loan account of the

petitioner to make payment in terms of the loan agreement and

shall not proceed further under the provisions of the SARFEASI

Act and rules made thereunder.

4. Considering the aforesaid submissions made on

behalf of the Bank, the present writ petition is disposed of on

following terms:-

1. The petitioner shall pay Rs.1,00,000/- along with one

instalment on or before 25.11.2024 and the remaining

overdue amount in six equal monthly instalments.

2. The first instalment is to be paid on or before

20.12.2024 and the remaining five instalments on or

before the 20th day of each succeeding month.