Kerala High Court
Radha K.K vs The Branch Manager on 3 October, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 34435 OF 2024
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2024:KER:73918
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. 34435 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.10969 OF 2022 OF
CHIEF JUDICIAL MAGISTRATE ,THRISSUR
PETITIONER:
RADHA K.K
AGED 55 YEARS
W/O GOPI , KANNIYATH HOUSE ALOOR P.O, THRISSUR, PIN -
680602
BY ADVS.
MAHESH V.MENON
RAJITHA V.K
RESPONDENTS:
1 THE BRANCH MANAGER
GURUVAYUR CO- OPERATIVE URBAN BANK LTD F.1652.,
THAIKKAD BRANCH, GURUVAYUR, THIKKAD P.O, THRISSUR
DISTRICT -, PIN - 680104
2 THE AUTHORISED OFFICER
GURUVAYUR CO- OPERATIVE URBAN BANK LTD F.1652.,
GURUVAYUR, THRISSUR DISTRICT -, PIN - 680101
SRI.T.R. HARIKUMAR-SC
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. 34435 OF 2024
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JUDGMENT
Dated this the 3rd day of October, 2024
The present Writ Petition has been filed seeking
the following prayers:
i) To direct the 1st respondent bank to regularize the loan
accounts of the petitioner and allow her to remit the
outstanding defaulted EMI'S in 20 equal monthly
installments along with the regular EMI's by issue of a
writ of mandamus or such other writ or order or
direction.
ii) Alternatively direct the 1st respondent bank to allow the
petitioners to remit the outstanding liabilities in 30 equal
monthly installments by issue of a writ of mandamus or
such other writ or order or direction
iii) To grant such other identical reliefs including the costs
of these Proceedings.
iv) To dispense with the production of English translation of
the documents in the vernacular language which are
produced as exhibit in the above writ petition (Civil).
2. The petitioner had availed a housing loan of
Rs.25,00,000/- and a term of loan of Rs.6,00,000 from the
respondent. The petitioner has defaulted in making
repayment of the loan taken from the respondent bank.
Therefore, the bank after classifying the petitioner's loan
accounts as NPA, has proceeded under the provisions of
the SARFAESI Act and Rules made thereunder.
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3. The learned counsel for the bank submits that if the
petitioner makes payment of substantial amount upfront
and remaining overdue amount in few instalments, along
with the regular instalments, the bank shall regularize the
loan accounts of the petitioner. As on today, the overdue
amount is Rs.10,89,926/- and the total outstanding amount
is Rs.24,63,336/- in respect of both the loans.
4. Considering the said stand of the learned counsel for
the bank, the present writ petition is disposed of in the
following terms:
i. The petitioner shall pay an upfront amount of
Rs.3,00,000/- on or before 31.10.2024 and
remaining overdue amount in 8 equal monthly
instalments, along with the regular instalments.
The 1st instalment is to be paid on or before
15.11.2024 and remaining 7 instalments on or
before 15th day of each succeeding month.
ii. Once the petitioner pays the entire overdue
amount, the bank shall regularize the loan
accounts of the petitioner. Any amount already
paid by the petitioner shall be given credit.
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iv. In case of failure to make payment of
Rs.30,00,000/- or any subsequent instalments as
directed above, the bank shall be free to proceed
further against the petitioner for realizing the
outstanding loan amount.
With the aforesaid directions, the present writ petition
stands finally disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) NO. 34435 OF 2024
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APPENDIX OF WP(C) 34435/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF NOTICE DATED 18.08.2024 ISSUED
BY THE ADVOCATE COMMISSIONER
Exhibit P1(a) ENGLISH TRANSLATION OF THE EXT P1
