Kerala High Court
Raziya.A vs Kerala State Cooperative Bank on 25 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 37589 OF 2024
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2024:KER:79902
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37589 OF 2024
PETITIONER:
RAZIYA.A.,
AGED 46 YEARS
W/O. SAM PUTHENMANNEL AZHEEKKAL,ALAPPAD, KOLLAM, PIN -
690547
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
SIVA SURESH
ATHIRA VIJAYAN
B.SREEDEVI
RESPONDENT:
KERALA STATE COOPERATIVE BANK
KARUNAGAPALLY BRANCH, KOLLAM REPRESENTED BY ITS AUTHORIZED
OFFICER, PIN - 690544
SRI.P.C.SASIDHARAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 25th day of October, 2024
The present Writ Petition has been filed seeking the
following prayers:
A. Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondent to permit the
petitioner to pay the overdue amount in 20 monthly
installments.
B. Petitioner also prays that this Honourable Court may be
pleased to dispense with the translation of the
vernacular documents produced in the vernacular
language.
C. Grant such other reliefs, which are deemed fit and
proper in the facts and circumstances of the case.
2. The petitioner had availed a mortgage loan of
Rs.7,00,000/- from the respondent bank in 2021. The said
loan liability has to be discharged along with interest up to
2031. The petitioner has defaulted in repaying the loan
taken from the respondent bank. Therefore, the bank, after
classifying the petitioner's loan account as NPA, has
proceeded under the provisions of the SARFAESI Act and
Rules made thereunder.
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3. The learned counsel for the bank submits that if the
petitioner makes payment of substantial amount upfront
and remaining overdue amount in few instalments, along
with the regular instalments, the bank shall regularize the
loan account of the petitioner. As on 07.10.2024, the
overdue amount was Rs.3,86,782/- and the total
outstanding amount was Rs.10,26,322/-.
4. Considering the said stand of the learned counsel for
the bank, the present writ petition is disposed of in the
following terms:
i. The petitioner shall pay an upfront amount of
Rs.1,00,000/- along with one regular instalment
on or before 15.11.2024 and the remaining
overdue amount in 8 equal monthly instalments,
along with the regular instalments. The 1 st
instalment is to be paid on or before 15.12.2024,
and the remaining 7 instalments on or before the
15th day of each succeeding month.
ii. Once the petitioner pays the entire overdue
amount, the bank shall regularize the loan
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account of the petitioner.
iii. In case of failure to make payment of
Rs.1,00,000/- or any subsequent instalments as
directed above, the bank shall be free to proceed
further against the petitioner for realizing the
outstanding loan amount.
With the aforesaid directions, the present writ petition
stands finally disposed of.
Sd/-
D. K.SINGH
JUDGE
AP
WP(C) NO. 37589 OF 2024
2024:KER:79902
APPENDIX OF WP(C) 37589/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE
PETITIONER WITH ENGLISH TRANSLATION DATED
11.01.2024
Exhibit P2 A TRUE COPY OF POSSESSION NOTICE DATED 24.09.2024
ISSUED TO THE PETITIONER WITH ENGLISH TRANSLATION
