Kerala High Court
Anilkumar V. K vs Union Bank Of India, Mannar Branch on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 34833 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. 34833 OF 2024
PETITIONER/S:
ANILKUMAR V. K. AGED 35 YEARS
VARAMPINAKATHUMALI, VALANJAVATTOM P O, KADAPRA, THIRUVALLA,
PATHANAMTHITTA., PIN - 689104
BY ADVS.
PAUL JACOB (P)
SHERU JOSEPH
MATHEW THOMAS
NIKITTA TRESSY GEORGE
DIPAK CHERIAN ABRAHAM
RESPONDENT/S:
1 UNION BANK OF INDIA, MANNAR BRANCH
944/IV, LAKSHMI BUILDING, KURATTISSERY, MANNAR, ALAPPUZHA,
KERALA. REPRESENTED BY ITS AUTHORIZED OFFICER (CHIEF MANAGER), PIN
- 689622
2 UNION BANK OF INDIA, REGIONAL OFFICE
2ND FLOOR, BSNL TELEPHONE EXCHANGE, CHINNAKADA, KOLLAM, KERALA.
REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 691001
3 THE AUTHORIZED OFFICER (CHIEF MANAGER), UNION BANK OF INDIA,
MANNAR BRANCH, 944/IV, LAKSHMI BUILDING, KURATTISSERY, MANNAR,
ALAPPUZHA, KERALA., PIN - 689622
WP(C) NO. 34833 OF 2024
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BY ADVS.
ASP.KURUP
SADCHITH.P.KURUP(K/1419/2002)
C.P.ANIL RAJ(K/872/2007)
SIVA SURESH(K/2688/2022)
ATHIRA VIJAYAN(K/199/2024)
B.SREEDEVI(K/169/2024)
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 17.10.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner took a Housing Loan of Rs.5 lakhs from the
respondent Bank. The said housing loan liability was to be
discharged for over 120 months in equal instalments of
Rs.4,866/- up to the year 2031. The petitioner committed
defaults in making repayment of the same. Therefore, the Bank,
after classifying the petitioner's loan account as NPA, proceeded
under the provisions of the SARFAESI Act and the Rules made
thereunder to recover its dues.
2. Learned Counsel for the respondent Bank, on
instructions, submits that as of today, the overdue amount in
respect of the loan comes to around Rs.41,900/- and the
outstanding amount comes to around Rs.6,86,400/-. If the
petitioner makes the payment of the overdue amount in few
instalments as this Court may direct along with regular
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instalments, the Bank shall regularize the loan account of the
petitioner for making further payment in terms of the loan
agreement and the Bank shall not proceed against the
petitioner under the provisions of the SARFAESI Act and the
Rules made thereunder.
3. Considering the said stand of the Bank, the present
writ petition is disposed of with the following directions:
i. The petitioner shall pay the overdue amount in five
instalments along with the regular instalments.
ii. The first instalment is to be paid on or before 15.11.2024,
and the remaining four instalments, along with regular
instalments, on or before the 15th day of each succeeding month
thereafter.
iii. After paying the overdue amount, the petitioner shall
continue to pay the regular instalments.
iv. In case of default in making the payment as aforesaid, the
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Bank shall be free to proceed against the petitioner in
accordance with the law.
With the aforesaid direction, the writ petition stands
disposed of.
Sd/-
D. K. SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 34833/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GIFT DEED NUMBERED 712/I/2017
DATED 17.10.2017.
Exhibit P2 TRUE COPY OF THE LOAN AGREEMENT DATED 06.01.2018
BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE
PETITIONER'S LOAN ACCOUNT FOR THE PERIOD OF
31.01.2019 TO 10.06.2023.
Exhibit P3(a) TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE
PETITIONER'S LOAN ACCOUNT FOR THE PERIOD OF
08.07.2024 TO 30.09.2024.
Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE DATED 28.02.2024
ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE SALE NOTICE DATED 02.09.2024 ISSUED
BY THE 2ND RESPONDENT.
