Kerala High Court
Thajunesa vs The Chief Manager (Authorized Officer) on 11 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:84229
WP(C) NO. 39701 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
WP(C) NO. 39701 OF 2024
PETITIONER/S:
THAJUNESA,
AGED 52 YEARS
W/O. THAJUDEEN, PUTHENPURAYIL,SUBAIDA MAZIL, CHALAKODU,
PUNALUR. P.O, KOLLAM DISTRICT, PIN - 691305
BY ADV P.V.DILEEP
RESPONDENT/S:
1 THE CHIEF MANAGER (AUTHORIZED OFFICER),
INDIAN BANK, PUNALUR BRANCH, PUNALUR.P.O,KOLLAM DISTRICT,
PIN - 691305
2 THE BRANCH MANAGER,
INDIAN BANK,PUNALUR BRANCH, PUNALUR.P.O,KOLLAM DISTRICT, PIN
- 691305
SRI. BINOY VASUDEVAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:84229
WP(C) NO. 39701 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:-
"i. Issue a writ of certiorari or other appropriate writ direction or
order, commanding the respondents not to initiate any further
proceedings pursuant on Exhibt-P1 notice and to permit to repay
the present overdue amount as installments and thereafter regu-
larize of the loan.
ii. Issue a writ of certiorari or other appropriate writ direction or
order, commanding the respondents not to initiate any further
proceedings against secured assets of petitioner having an extent
of 2.03 Ares of property in Survey No. 456/21/32, of Punalur vil-
lage, Punalur thaluk, Kollam District including the dwelling house
belongs the petitioner.
iii. Issue a writ of mandamus or any other appropriate writ, order
or direction, demanding the respondents to furnish the petitioner
with a statement of accounts showing the exact amount repayable
towards the loan amount.
iv. Grant such other reliefs to the petitioner, as this Hon'ble Court
may deem fit, in the interest of justice
v. To dispense with producing English translation of documents
in vernacular languages"
2.The petitioner obtained a housing loan of Rs.15,00,000/- from
the respondent Bank in 2021 for a period of 20 years, on condition
of depositing Rs.14,555/--as EMI towards the respondent Bank. The
petitioner has committed serious defaults in repaying the loan
amount, and therefore, the Bank, after classifying the loan account
2024:KER:84229
WP(C) NO. 39701 OF 2024
as NPA has proceeded under the provisions of the SARFAESI Act and
rules made thereunder.
3.The learned counsel for the respondent on instructions
submits that as of today the total outstanding in respect of the loan
amount is Rs.16,69,000/- and the overdue amount is Rs.2,60,000/-.
She further submits that, if the petitioner makes a substantial
upfront payment and the remaining amount may be paid in few
instalments, as this court may direct, the Bank shall not proceed
further against the petitioner under the SARFAESI Act.
4.Considering the aforesaid stand of the respondent, the
present writ petition is disposed of with the following terms:
1.The petitioner shall pay Rs.50,000/- with one EMI on
or before 25.11.2024 and the balance overdue amount
is to be paid in six equal monthly instalments along with
regular instalments.
2.The first instalment is to be paid on or before
25.12.2024, and the remaining four instalments are to
be paid on the 25th day of each succeeding month.
2024:KER:84229
WP(C) NO. 39701 OF 2024
3.In case of failure to make payment of Rs.50,000/- with
one EMI on or before 25.11.2024 or any of the
installments as directed above, the Bank shall be free
to proceed further under the provisions of the
SARFEASI Act and rules made thereunder to realise its
outstanding dues from the petitioners.
With the aforesaid directions, the present writ petition is
disposed of.
Sd/-
D. K. SINGH
JUDGE
SJ
2024:KER:84229
WP(C) NO. 39701 OF 2024
APPENDIX OF WP(C) 39701/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT UNDER SECTION 13(2) OF THE
SECURITIZATION AND RECONSTRUCTION OF FINANCIAL
ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT
NO. DATED 10.10.2024 ISSUED BY THE 1ST RESPONDENT
IN LOAN A/C NO. 6948992914.
