Kerala High Court
Alan M Alexander vs Bank Of Baroda (E-Dena Bank) on 24 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:79332
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 24200 OF 2024
PETITIONER:
ALAN M ALEXANDER,
AGED 39 YEARS
S/O ALEXANDER ALFENSO, RESIDING AT SINAI COTTAGE,
VRA-95, THIRUMULLAVARAM P.O, KOLLAM DISTRICT PIN,
PIN - 691012
BY ADV A.JANI(KOLLAM)
RESPONDENT:
BANK OF BARODA (E-DENA BANK),
KOLLAM BRANCH, REPRESENTED BY ITS AUTHORISED
OFFICER, CHIEF MANAGER, BANK OF BARODA, KOLLAM
PIN, PIN - 691001
OTHER PRESENT:
SRI.K. ANAND-SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.24200 of 2024
2024:KER:79332
2
JUDGMENT
(Dated this the 24th day of October, 2024)
The petitioner has availed a housing loan of
RS.9,00,000/- from the respondent Bank. The said loan
liability was to be discharged for a period of ten years in
equal monthly instalments. The tenure for repayment of the
loan gets over in 2024.
2. 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.
3. The learned counsel for the respondent Bank on
instructions submits that as of today, the outstanding
amount is Rs.4,60,468/-. The Bank has no objection in
accepting the outstanding liability in respect of the loan in
few instalments as this Court may fix along with the future
interests.
2024:KER:79332
4. Considering the aforesaid stand of the learned
counsel for the respondent Bank, the present Writ Petition
is disposed of on the following terms:
i) The petitioner shall discharge the entire loan
liability in 12 equal monthly instalments, along with future
interest if any.
ii). The first instalment is to be paid on or before
07.11.2024, and the remaining 11 instalments on or before
the 7th day of each succeeding month.
iii) In case of failure to make payment of the 1 st
instalment or any subsequent instalments as directed
above, the Bank shall be free to proceed further against the
petitioner in accordance with the law to realize its
outstanding dues.
Sd/-
D. K. SINGH
JUDGE
Mms
2024:KER:79332
APPENDIX OF WP(C) 24200/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
STATEMENT OF ACCOUNT WITH THE DENA BANK
FROM 30/01/2014 TILL 28/11/2020, ISSUED
BY THE RESPONDENT,
Exhibit P2 A TRUE COPY OF EMAIL SENT BY THE
PETITIONER TO THE RESPONDENT DATED
29/04/2022,
Exhibit P3 A TRUE COPY OF THE STATEMENT OF LOAN
ACCOUNT FOR THE PERIOD FROM 30/01/2014
TILL 21/07/2023
Exhibit P4 A TRUE COPY OF THE ORDER DATED
03/05/2024 IN M.C NO: 463 OF 2024 OF
THE CHIEF JUDICIAL MAGISTRATE COURT,
KOLLAM,
Exhibit P5 A TRUE COPY OF POSSESSION NOTICE DATED
21/06/2024 ISSUED BY THE ADVOCATE
COMMISSIONER TO THE PETITIONER
