Kerala High Court
Chandraprasad vs State Bank Of India on 3 October, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:73819
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 9647 OF 2024
PETITIONER:
CHANDRAPRASAD,
AGED 40 YEARS
S/O. BALACHANDRAN NAIR, RESIDING AT CHANDRAVIHAR,
PERUNTHOOR NADOORKOLLA, AMARAVILA P.O, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695 122.
BY ADVS.
M.MANJU
MITHUN P.
RESPONDENT:
STATE BANK OF INDIA,
REPRESENTED BY ITS AUTHORISED OFFICER, RACPC-II,
CHANDRASHEKARAN NAIR STADIUM, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695 033.
BY ADV. R.S.KALKURA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9647 OF 2024 2
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DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 9647 of 2024
-------------------------
Dated this the 3rd day of October, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
i. Issue a writ of mandamus or such other writ order or
directions, directing the respondent to provide a
moratorium facility to the petitioner for a period of 6
months, with respect to the housing loan account HL No.
67254200060,
ii. Issue a writ of mandamus or such other writ order or
directions, directing the respondent to re-
structure/rephrase/re-schedule the housing loan account
HL No. 67254200060.
iii. Issue a writ of mandamus or such other writ order or
directions, directing the respondent to permit the
petitioner to pay the overdue amount in 12 installments.
iv. Issue a writ of mandamus or such other writ order or
directions, directing the respondent not to proceed further
against the petitioner under the SARFAESI Act for such
moratorium period.
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v. Such other reliefs that may be deemed fit and proper by
the Hon'ble Court in the circumstances of this case.
vi. It is also humbly prayed that this Hon'ble court may
dispense with filing of the English translation of vernacular
documents for securing the ends of justice.
2. The petitioner had obtained housing loan from the respondent
Bank for Rs. 8,00,000/-. Petitioner had created equitable
mortgage of his property extending to 6.07 ares of land with
residential building comprised in Re Sy No 214/15-1, 214/16, in
Kollayil village of Neyyattinakra Taluk, Thiruvananthapuram
District covered by Sale deed No 995/07 dated 07/05/2007 of
Amaravila SRO and a land of 0.50ares and 0.35 Re Sy No 214/15,
and 214/36-1, in Kollayil village of Neyyattinakra Taluk,
Thiruvananthapuram District covered by Settlement Deed No.
2646 dated 28/11/2011 of Amaravila SRO to secure the loan.
However, the petitioner had committed defaults in making
repayment of the loan advanced by the respondent Bank as per
the loan agreement and, therefore, the Bank after classifying the
loan account of the petitioner as NPA has proceeded further
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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 on today, the outstanding amount is Rs.
5,42,972/- and Bank has no objection in accepting the
outstanding amount in few installments as this Court may direct.
4. The petitioner has complied with the interim orders passed by
this Court and has paid Rs. 1,70,000/- during the pendency of this
writ petition. Thus, it appear that the petitioner has intention to
pay the remaining outstanding liability in respect of the loan
provided, petitioner is granted some time to pay the loan.
5. Considering the aforesaid facts and taking into consideration
of the Bank's stand, the present writ petition is disposed of on
the following terms;
(i) The petitioner shall pay the entire
outstanding liability in fifteen equal monthly
installments.
(ii)The first installment as directed above is to
be paid on or before 07.11.2024 and
remaining fourteen installments on or before
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the seventh day of each succeeding month
thereafter.
(iii) In case of failure to make payment of
the first installment or any of the installments
as directed above, the respondent Bank shall
be free to proceed further against the
petitioner to realise its outstanding dues.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
2024:KER:73819
APPENDIX OF WP(C) 9647/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DISCHARGE REPORT DATED
11.09.2022 ISSUED BY THE AMANA HEALTHCARE.
Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
BY THE CHRISTIAN MEDICAL COLLEGE, VELLORE
DATED 08.08.2023.
Exhibit P3 TRUE COPY OF THE INSURANCE POLICY AGREEMENT
DATED 30.01.2014.
Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE ISSUED
BY THE RESPONDENT BANK UNDER SECTION 13(4)
OF THE SARFAESI ACT DATED 05.08.2023.
Exhibit P5 TRUE COPY OF THE ADVOCATE COMMISSION NOTICE
DATED 15.02.2024.
