Kerala High Court
Kala K vs The Kerala State Co-Operative Bank Ltd. ... on 7 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 33828 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 33828 OF 2024
PETITIONER:
KALA K,
AGED 47 YEARS
W/O. (LATE) MOHANAKUMAR C, “MATHA”, PAKALOOR,
PALLICHAL P.O., THIRUVANANTHAPURAM, PIN - 695020
BY ADVS.
GIRISH KUMAR M S
AKASH S.
ADITHYA RAJEEV
RICHU THERESA ROBERT
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE BANK LTD. (KERALA BANK),
REGIONAL OFFICE, EAST FORT, FORT P.O.,THIRUVANANTHAPURAM,
REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 695023
2 THE BRANCH MANAGER,
THE KERALA STATE CO-OPERATIVE BANK LTD. (KERALA
BANK),KALLIYOOR BRANCH, NEAR PANCHAYAT OFFICE, KALLIYOOR
P.O., THIRUVANANTHAPURAM, PIN - 695042
BY ADV THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33828 OF 2024
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JUDGMENT
Dated this the 7th day of November, 2024
The present Writ Petition has been filed seeking the
following prayers:
i. Issuing a writ of mandamus or any other writ, order or
direction, directing the respondents to permit the
petitioner to clear off the outstanding amount in relation
to Loan Account No. MOD.020586012930041 in 30 equal
monthly instalments and thereby regularise the loan
account;
ii. dispensing with the English translation of Exts. P2 and P4
documents which are in vernacular language i.e,
Malayalam; and
iii. granting such other reliefs as this Hon'ble Court may
deem fit and proper in the nature and circumstances of
this case.
2. This Court passed an interim order on 27.09.2024,
which would read as under:
"2. The petitioner's husband had obtained cash credit
facility form the respondent bank. The petitioner's
husband has defaulted in making repayment of the loan
taken from the respondent bank. Therefore, the bank after
classifying the loan account as NPA, has proceeded under
the provisions of the SARFAESI Act and Rules made
thereunder. As on 31.12.2023, the total outstanding
amount in respect of the loan was Rs.14,16,000/-. The
WP(C) NO. 33828 OF 2024
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petitioner's husband is no more. The petitioner is facing
threat of being dispossessed from the property mortgaged
with the bank.
3. The learned counsel for the bank submits that if the
petitioner is willing to discharge the liability and to show
her bonafide, the petitioner would pay an amount of
Rs.2,00,000/- on or before 07.10.2024 and Rs.3,00,000/-
on or before 30.10.2024 and remaining outstanding
amount along with future interest in few instalments as
this Court may direct.
4. Considering the aforesaid submissions advanced on
behalf of the bank, the petitioner is directed to pay
Rs.2,00,000/- on or before 07.10.2024. Subject to making
payment of Rs.2,00,000/- on or before 07.10.2024, the
bank shall not be dispossessed the petitioner from the
secured asset, till the next date of posting of this writ
petition."
3. The petitioner has complied with the said interim
order and paid Rs.5,00,000/-. The learned counsel for the
petitioner submits that he will pay the balance outstanding
in few instalments as this Court may direct.
4. The learned counsel for the bank does not have any
objection in accepting the liability in respect of the balance
outstanding amount in instalments.
5. Considering the aforesaid stand of the parties, the
present writ petition is disposed of in the following terms:
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i. The petitioner shall pay the remaining
outstanding amount in 12 equal monthly
instalments. The 1st instalment is to be paid on or
before 30.11.2024, and the next instalment is to
be paid on 07.12.2024. The remaining 10
instalments are to be paid on or before the 7 th day
of each succeeding month.
ii. In case of failure to make payment of 1 st
instalment or any subsequent instalments as
directed above, the bank shall be free to proceed
with SARFAESI proceedings against the
petitioner for realizing the outstanding loan
amount.
With the aforesaid directions, the present writ petition
stands finally disposed of.
Sd/-
D. K. SINGH
JUDGE
AP
WP(C) NO. 33828 OF 2024
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APPENDIX OF WP(C) 33828/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COVID DEATH REPORTING
CERTIFICATE OF THE PETITIONER'S HUSBAND DATED
27/05/2021
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE
PETITIONER'S HUSBAND DATED 22/06/2021
Exhibit P3 TRUE COPY OF THE UNDATED DEMAND NOTICE SENT BY
THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE DATED
13/12/2023 ISSUED BY THE 1ST RESPONDENT BANK
ALONG WITH ITS ENGLISH TRANSALATION
