Kerala High Court
Ramlath Beevi vs Kerala State Co -Operative Bank (Kerala ... on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:78525
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. 36954 OF 2024
PETITIONER:
RAMLATH BEEVI
AGED 63 YEARS
W/O. IBRAHIM KUTTY K SALEENA MANZIL, MALAPPEROOR,
MANJAPPARA P.O., KOTTUKKAL, KOLLAM DISTRICT,, PIN
- 691533
BY ADV MANJU M.K.
RESPONDENTS:
1 KERALA STATE CO -OPERATIVE BANK (KERALA BANK),
HEAD OFFICE, COBANK TOWERS, P.B NO.6515, VIKAS
BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS AUTHORIZED OFFICER, PIN -
695033
2 KERALA STATE CO -OPERATIVE BANK (KERALA BANK),
REPRESENTED BY ITS AUTHORIZED OFFICER, VINU KUMAR
S, AREA MANAGER, ANCHAL P.O., KOLLAM, PIN -
691306
3 KERALA STATE CO -OPERATIVE BANK (KERALA BANK),
KOTTUKKAL BRANCH, KOTTUKKAL P.O.,KOLLAM,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 691306
4 THE BRANCH MANAGER, KERALA STATE CO -OPERATIVE
BANK (KERALA BANK),
KOTTUKKAL BRANCH, KOTTUKKAL P.O. KOLLAM, PIN -
691306
OTHER PRESENT:
W.P.(C).No.36954 of 2024
2024:KER:78525
2
SRI.P.C. SASIDHARAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.36954 of 2024
2024:KER:78525
3
JUDGMENT
(Dated this the 22nd day of October, 2024)
The petitioner had obtained a term loan of
Rs.8,00,000/- from the respondent Bank on 19.05.2021. The
petitioner has committed default in repaying the loan amount as
per the terms of the loan agreement and therefore, the Bank,
after classifying the petitioner's loan account as NPA, has
proceeded against the petitioner under the provisions of the
SARFAESI Act and Rules made thereunder to realize its
outstanding dues.
2. The learned counsel for the respondent Bank submits
that as of today, the overdue amount is Rs.3,92,043/- and the
total outstanding amount is Rs.11,02,153/-. He further submits
that if the petitioner makes substantial upfront payment along
with one regular E.M.I, and remaining overdue amount in few
instalments as this Court may fix along with the regular
instalments, the Bank shall not proceed further under the
provisions of the SARFAESI Act and Rules made thereunder.
3. Considering the aforesaid stand of the respondent
Bank, the present writ petition is disposed of on the following
terms:
2024:KER:78525
i) The petitioner shall pay Rs.1,00,000/- along with one
regular E.M.I on or before 07.11.2024 and the remaining
overdue amount in eight equal monthly instalments along with
the regular instalments.
ii) The 1st instalment is to be paid on or before
07.12.2024 and the remaining seven instalments on or before
7th day of each succeeding month.
iii) In case of failure to make payment of Rs.1,00,000/-
along with one regular E.M.I or any other instalments as directed
above, the Bank shall be free to proceed further against the
petitioner to realize its outstanding dues.
iv) If the petitioner makes payments as directed above,
the Bank shall regularize the loan account of the petitioner for
making further payments in terms of the loan agreement.
Sd/-
D. K. SINGH
JUDGE
Mms
2024:KER:78525
APPENDIX OF WP(C) 36954/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SAID NOTICE DATED
18.09.2023 ISSUED BY THE 4TH RESPONDENT
ALONG WITH THE TRANSLATED COPY
Exhibit P2 TRUE COPY OF THE PATTA ISSUED BY
TAHSILDAR DATED 16.11.1990 ALONG WITH
TRANSLATED COPY
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
27.09.2024 SUBMITTED BY THE PETITIONER
TO THE 3RD & 4TH RESPONDENTS
Exhibit P4 TRUE COPY OF THE NOTICE WAS ISSUED BY
THE ADVOCATE COMMISSIONER DATED
08.10.2024
