Kerala High Court
Vahida Abdul Offur vs The Federal Bank Limited on 21 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
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WP(C)No. 41159 OF 2024
2024:KER:87996
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. 41159 OF 2024
PETITIONER:
VAHIDA ABDUL OFFUR,
AGED 52 YEARS, W/O. ABDUL OFFUR,
AMANATH PANIKKAVEETTIL HOUSE, PUTHANPALLI,
GURUVAUR P.O., THRISSUR DISTRTICT, PIN - 680101.
BY ADV. RASMI NAIR T.
RESPONDENTS:
THE FEDERAL BANK LIMITED,
REPRESENTED BY ITS AVP AND AUTHORISED OFFICER
UNDER SARFAESI ACT, LCRD THRISSUR DIVISION,
FIRST FLOOR, CHENCHERRY TOWER, THRISSUR-ERNAKULAM
HIGH ROAD, THRISSUR, PIN - 680001.
SRI.P. PAULOCHAN ANTONY-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C)No. 41159 OF 2024
2024:KER:87996
D. K. SINGH, J.
--------------------------
W.P.(C) No. 41159 of 2024
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Dated this the 21st day of November, 2024
JUDGMENT
1. The present writ petition has been filed for the following reliefs;
i. issue a writ of mandamus or any other appropriate writ or
direction to the respondent to permit the petitioner to pay
overdue amount in 20 instalments and to regularise the loan
account thereafter.;
ii. To dispense with the filing of the translation of vernacular
documents;
iii. pass such other orders, interlocutory or otherwise, which
are deemed fit and proper in the interest of justice; and
iv. allow this Writ Petition with costs.
2. The petitioner had availed a personal asset guard loan of Rs.
64,00,000/- from the respondent Bank in the year 2019 by mortgaging
her property having an extent of 52.66 Ares of land comprised in
Survey No. 199/4 of Perakam Village, Chavakkad Taluk, Thrissur
District within the registration of Sub District of Chavakkad. The said
loan liability is to be discharged in equal monthly installments over a
period of twenty years. The petitioner had, however, failed to
discharge the loan liability in terms of the loan agreement and,
therefore, the respondent Bank has classified the loan account of the
WP(C)No. 41159 OF 2024
2024:KER:87996
petitioner as NPA in the year 2023 and proceeded further against the
petitioner under the provisions of the SARFAESI Act and the Rules
made thereunder to realise its outstanding dues.
3. The learned Counsel for the respondent Bank on instructions
submits that, as of today, the total outstanding amount in respect of
the loan is Rs. 96,31,840/- and the overdue amount is Rs. 12,86,336/-.
The learned Counsel for the respondent Bank further submits that if
the petitioner makes payment of substantial upfront amount along
with one regular installment, the balance overdue amount can be paid
by the petitioner in few installments along with regular installments
as this Court may direct and after receiving the entire overdue
amount, the Bank shall regularize the loan account of the petitioner
for making payment in terms of the loan agreement.
4. Considering the aforesaid stand of the respondent Bank, the
present writ petition is disposed of on the following terms;
(i) The petitioner shall pay Rs. 5,00,000/-
along with one regular installment on or before
07.12.2024 and the balance overdue amount in ten
equal monthly installments along with regular
installments thereafter.
WP(C)No. 41159 OF 2024
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(ii) The first installment as directed above is
to be paid on or before 07.01.2025 and the
remaining nine installments on or before the
seventh day of each succeeding month thereafter.
(iii) After receiving the entire overdue
amount as directed above, the respondent Bank
shall regularize the loan account of the petitioner
for making payment in terms of the loan
agreement.
(iv) In case of failure to make payment of Rs.
5,00,000/- along with one regular installment on or
before 07.12.2024 or the first installment or any of
the subsequent installments as directed above, the
respondent Bank is free to proceed further against
the petitioner to realise its outstanding dues.
Sd/-
D. K. SINGH
JUDGE
Svn
WP(C)No. 41159 OF 2024
2024:KER:87996
APPENDIX OF WP(C) 41159/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE NO
TSRLCRD/SAR-3259/2023-24 DATED 7/2/2024
ISSUED BY RESPONDENT
Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE
ISSUED BY THE ADVOCATE COMMISSIONER
DATED 6/11/2024 IN CMP NO 9534/2024 IN
THE CHIEF JUDCIAL MAGISTRATE COURT,
THRISSUR
Exhibit P2(a) ENGLISH TRANSLATION OF P2 (A)
Exhibit P3 TRUE COPY OF THE LETTER RECEIVED FROM
THE RESPONDENT BANK DATED 07.11.204 I
