Kerala High Court
Bindumol vs Zonal Relationship Head And Authorized ... on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 36144 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 36144 OF 2024
PETITIONER/S:
1 BINDUMOL, AGED 52 YEARS, PALATHARAYIL,SOORANAD NORTH ,
ANAYADIP.O,KUNNATHOOR,KOLLAM, PIN - 690561
2 DIANA, AGED 27 YEARS, PALATHARAYIL,SOORANAD NORTH ,ANAYADI
P.O,KUNNATHOOR,KOLLAM, PIN - 690561
BY ADVS. JOSHNA JOY; VIJITH P. VIJAYAN
RESPONDENT/S:
ZONAL RELATIONSHIP HEAD AND AUTHORIZED OFFICER,
ICICI BANK LTD,PULIMOOD JN. THIRUVANANTHAPURAM, PIN - 695001
BY ADVS. B.J.JOHN PRAKASH; P.PRAMEL
SOORAJ M.S.; VARSHA VIJAYAKUMAR NAIR
ANAGHA MADATH THEKKEPATTE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed seeking the following
reliefs:
"i. Issue a writ of mandamus or any other appropriate writ, direction
or order, commanding the respondent to give instalment facility for
the payment of arrears of amount and to regularize the loan
account.
ii. Issue a write of certiorari to calling for the records leading to
Exhibit P1 and to quash all further proceedings pursuant to Exhibit
P1.
iii. Issue a writ of mandamus directing the respondents not to
proceed with the eviction of the property in question, till the
disposal of this Writ petition.
iv. To grant such other reliefs this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case."
2. The petitioners obtained two loans, a housing loan and
a car loan from the respondent Bank by mortgaging 3.03 Ares in
Block No.1 in Re-Sy Nos.546/4-2, 546/4-1-2 situated at Sooranad
North Village, Kunnathur Taluk, Kollam District. The petitioners
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committed default in repaying the loan amounts in terms of the
loan agreements. Therefore, the Bank, after classifying the
petitioners' loan accounts as NPA, has proceeded against them
under the provisions of the SARFAESI Act and the Rules made
thereunder.
3. Learned Counsel for the Bank submits that as of today,
in respect of the housing loan, the overdue amount is Rs.4,49,576/-
and in respect of the car loan, the overdue amount is Rs.94,483/-.
Learned Counsel, on instructions, further submits that if the
petitioners are willing to regularize the loan accounts, they may
be allowed to discharge the liability of the overdue amount in a
few instalments as this Court may deem it proper in the facts and
circumstances of the case, along with regular instalments.
4. Considering the said stand of the learned Counsel for the
respondent Bank, the present writ petition is disposed of on the
following terms:
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(i) The petitioners shall pay the overdue amount in both loans in
six equal monthly instalments, along with regular instalments of
both loans.
(ii) The first instalment is to be paid on or before 07.11.2024, and
the remaining five instalments on or before the 7th day of each
succeeding month, along with regular instalments.
(iii) If the petitioners pay the entire overdue amount, the Bank
shall regularize the petitioners' loan account for making
payments in terms of the loan agreement.
(iv) After making payment of the entire overdue amount along
with regular instalments, the petitioners shall continue to pay the
regular instalments till the entire loan liability is discharged.
(v) In case of failure to make payment as directed above, the Bank
shall be free to proceed against the petitioners in accordance with
the law.
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The writ petition stands disposed of.
Sd/-
D. K. SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 36144/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF ORDER DATED ON 13.09.2024 BY THE
HON'BLE CHIEF JUDICIAL MAGISTRATE, KOLLAM
Exhibit P2 THE TRUE COPY OF THE REGISTRATION CARD DATED
13.09.2023 OF PETITIONERS MOTHER
Exhibit P3 THE TRUE COPY OF THE TREATMENT CERTIFICATE DATED
9.03.2023 ISSUED BY MEDICAL OFFICER, REGIONAL CANCER
CENTRE THIRUVANANTHPURAM OF HUSBAND
