Kerala High Court
Hameed Kuthirodath vs South Indian Bank Ltd on 12 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 39891 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(C) NO. 39891 OF 2024
PETITIONER:
HAMEED KUTHIRODATH
AGED 54 YEARS
S/O. MAMMUDU, KUDIRODATH HOUSE, ILLIKKAL, MAMPURAM P.O,
A.R.NAGAR, TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676306
BY ADVS.
P.C.MUHAMMED NOUSHIQ
JAHANA SHERIN.K
RESPONDENT:
SOUTH INDIAN BANK LTD
REGIONAL OFFICE, HAPPY TOWER, VAIKOM MUHAMMED BASHEER ROAD,
MANANCHIRA, KOZHIKODE DISTIRCT REPRESENTED BY ITS AUTHORISED
OFFICER, PIN - 673001
SRI.PA. AUGUSTINE-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 12th day of November, 2024
The present Writ Petition has been filed seeking the
following prayers:
i. To call for the records leading to Exhibit P1 and all
proceedings pursuant there to and declare that the
same is illegal and unsustainable.
ii. Alternatively, to direct the respondents to permit the
Petitioner to pay the alleged amount due pursuant to
Exhibits P1 in 40 monthly installments after giving due
credit to the payments made by the petitioner by issuing
a Writ of mandamus or any other appropriate Writ
direction or Order.
iii. To grant such other relief in favour of the petitioner as
this Hon'ble Court may deem fit to grant on the facts
and in the circumstances of the case
2. The petitioner had availed a housing loan of
Rs.22,00,000/- from the respondent bank in the year 2019.
The petitioner has mortgaged his property having an extent
of 2.226 Ares of land along with a building comprised in
Re.Sy.No.238/1-3 (Old Survey No.231/1-2) of Abdu
Rahiman Nagar Village, Tirurangadi Taluk, Malappuram
District, to secure the loan. The petitioner has defaulted in
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making repayment of the loan taken from the respondent
bank. Therefore, the bank after classifying the petitioner's
loan account as NPA, has proceeded under the provisions
of the SARFAESI Act and Rules made thereunder. As of
today, the overdue amount is Rs.3,24,967/-.
3. The learned counsel for the petitioner submits that
the petitioner wants to regularize the loan account and is
willing to pay the overdue amount in ten equal monthly
instalments along with the regular instalments.
4. The learned counsel for the respondent bank has
vehemently objected for granting 10 instalments.
5. However, considering the fact that the petitioner will
pay regular instalments along with the instalments of
overdue amount, the said vehement is repelled and
rejected. In view thereof, the present writ petition is
disposed of in the following terms:
i. The petitioner shall pay an upfront amount of
Rs.50,000/- along with one regular instalment on
or before 30.11.2024 and the remaining overdue
amount in 10 equal monthly instalments, along
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st
with the regular instalments. The 1 instalment is
to be paid on or before 15.12.2024, and the
remaining 9 instalments on or before the 15th day
of each succeeding month.
ii. Once the petitioner pays the entire overdue
amount, the bank shall regularize the loan
account of the petitioner.
iii. In case of failure to make payment of Rs.50,000/-
or any subsequent instalments as directed above,
the bank shall be free to proceed further against
the petitioners 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. 39891 OF 2024
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APPENDIX OF WP(C) 39891/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED
22.10.2024 ISSUED BY THE 1ST RESPONDENT BANK TO
THE PETITIONER
