Kerala High Court
Reena vs The Authorized Officer Under ... on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:78551
WP(C) NO. 35129 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 35129 OF 2024
PETITIONER/S:
REENA
AGED 42 YEARS
W/O XAVIER, RESIDING AT, THOPPIL PURAYIDOM, THANKASSERI ,
P.O, KOLLAM, PIN - 691007
BY ADVS.
M.KIRANLAL
MANU RAMACHANDRAN
T.S.SARATH
R.RAJESH (VARKALA)
SAMEER M NAIR
SAILAKSHMI MENON
SMT.AKHILA B.
JOTHISHA K.A.
AASHI K. SHAJAN
SHIFANA M.
RESPONDENT/S:
THE AUTHORIZED OFFICER UNDER SECURITIZATION ACT
COASTAL URBAN CO-OPERATIVE BANK LTD, KOLLAM, PIN - 691013
BY ADVS.
AKHIL K.MADHAV
ANESH PAUL(K/480-Q/2007)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 35129 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:-
"1. To issue a Writ, Direction, or order in Mandamus directing the
Respondent to grant reasonable time to the petitioner for enabling
them to repay the loan amount in such monthly installments as fixed by
this Hon'ble Court AND 2. Issue such other orders or directions which
deems necessary for the ends of justice and in the circumstances of the
case."
2. The petitioner had obtained a housing loan from the
respondent Bank for an amount of Rs.4,00,000/- in the year 2014,
by creating an equitable mortgage of her property having an
extent of 45 sqm comprised in re-survey No.112/3, block No.250
of Kollam West Village. The petitioner has committed serious
defaults in repaying the loan amount, and therefore, the Bank,
after classifying the loan account as NPA, has proceeded under
the provisions of the SARFAESI Act and rules made thereunder.
The tenure for repayment of the loan amount has already
expired.
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WP(C) NO. 35129 OF 2024
3. The learned counsel for the respondent Bank submits
that as of today the total outstanding is Rs.7,88,990/-. It is further
submitted that if the petitioner is willing to discharge the said
liability in few instalments, the Bank shall not proceed further
against the petitioner under the provisions of the SARFAESI Act
and rules made thereunder to realise its outstanding dues.
4. Considering the aforesaid submissions made on behalf of
the Bank, the present writ petition is disposed of on the following
terms:-
1)The petitioner shall pay the entire outstanding
amount in ten equal monthly installments along
with regular installments.
2)The first instalment is to be paid on or before
15.11.2024, and the remaining nine instalments
on or before the 15th day of each succeeding
month.
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WP(C) NO. 35129 OF 2024
3)In case of failure to make the payment of the
first installment or any other subsequent
installments, the respondent Bank shall be free to
proceed against the petitioner, in accordance
with law, to realise the outstanding dues against
the petitioner
Sd/-
D. K. SINGH
JUDGE
SJ
2024:KER:78551
WP(C) NO. 35129 OF 2024
APPENDIX OF WP(C) 35129/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE DATED
23.09.2024
