Bhargavi Saji vs The Authorized Officer
2024 Latest Caselaw 33602 Ker

Kerala High Court

Bhargavi Saji vs The Authorized Officer on 21 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                                                    2024:KER:87767
WP(C) NO. 40016 OF 2024

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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                   THE HONOURABLE MR. JUSTICE D. K. SINGH

     THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

                           WP(C) NO. 40016 OF 2024


PETITIONER/S:

            BHARGAVI SAJI,
            AGED 54 YEARS
            W/O P.P SAJI, PATTAYOOZHATHIL HOUSE, KUTTOOR P.O,
            THIRUVALLA, PATHANAMTHITTA, KERALA, PIN - 689106


            BY ADV M.R.SASITH


RESPONDENT/S:

            THE AUTHORIZED OFFICER,
            KERALA STATE CO-OPERATIVE BANK, KUTTOOR BRANCH, III/6
            B,KUTTOOR JUNCTION,KUTTOOR,PATHANAMTHITTA, KERALA, PIN -
            689106


            BY ADV K.AMMINIKUTTY


     THIS   WRIT    PETITION   (CIVIL)       HAVING   COME   UP   FOR   ADMISSION   ON
21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                        2024:KER:87767
WP(C) NO. 40016 OF 2024

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                                   JUDGMENT

The present writ petition has been filed with the following prayers:-

i.Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to grant 24 equal monthly installments for repayment of the entire overdue amount till that period all further proceeding against the petitioner's property shall be kept in abeyance ii.Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to grant 24 equal monthly installments for repayment of the entire outstanding amount till that period all further proceeding against the petitioner's property shall be kept in abeyance iii.Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2.The petitioner availed a Housing loan from the respondent Bank

for Rs.3,00,000/- in the year 2018/-. The tenure of repaying the loan is up

to the year 2026, with an EMI amount of Rs.7500/- The petitioner has

committed serious defaults in repaying the loan amounts, 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 on instructions submits

that as of today the total outstanding in respect of the loan amount is

Rs.2,78,618/- He further submits that, if the petitioner makes the payment

of the total outstanding in few instalments, as this court may direct, the

Bank shall not proceed further against the petitioner under the SARFAESI

Act.

2024:KER:87767 WP(C) NO. 40016 OF 2024

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.2,78,618 in twelve equal

monthly instalments along with regular instalments.

2.The first instalment is to be paid on or before 07.12.2024,

and the remaining eleven instalments are to be paid on the

07th day of each succeeding month.

3.In case of failure to make any of the instalments 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 petitioner.

With the aforesaid directions, the present writ petition is disposed of.

Sd/-

D. K. SINGH JUDGE SJ 2024:KER:87767 WP(C) NO. 40016 OF 2024

APPENDIX OF WP(C) 40016/2024

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF NOTICE DATED 14.08.2024 ISSUED BY THE ADVOCATE COMMISSIONER