Usha Abi vs The Authorized Officer
2024 Latest Caselaw 30964 Ker

Kerala High Court

Usha Abi vs The Authorized Officer on 23 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 37150 OF 2024




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                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                            THE HONOURABLE MR. JUSTICE D. K. SINGH

                WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946

                                    WP(C) NO. 37150 OF 2024


PETITIONER/S:

                USHA ABI,
                AGED 58 YEARS
                W/O LATE.ABI IGNATIOUS, H.NO. 3/155A, NADAKKUVUKARAN HOUSE,KAIRALI
                GARDEN AMBALAMOOLA,KAZHAKKULLY P.O., THRISSUR, PIN - 680751


                BY ADV M.R.SASITH


RESPONDENT/S:

                THE AUTHORIZED OFFICER,
                UNION BANK OF INDIA, KOTTAPURAM BRANCH, THRISSUR, PIN - 680001


                BY ADVS.
                ASP.KURUP
                SADCHITH.P.KURUP
                C.P.ANIL RAJ
                SIVA SURESH
                B.SREEDEVI
                ATHIRA VIJAYAN



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37150 OF 2024




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                                   JUDGMENT

The petitioner, along with her son and daughter as co-borrowers,

took a housing loan of Rs.26 lakhs from the respondent Bank in 2015 by

mortgaging 3.05 Ares (7.536 cents) of land and a 1080 sq ft Single-Story

residential building in Survey No.549/P in Kozhukkully Village,

Thrissur District. The loan tenure for repayment, along with interest,

is 15 years in equal monthly instalments.

2. The petitioner committed default in repaying the loan

amount in terms of the loan agreement. Therefore, the Bank, after

classifying the petitioner's loan account as NPA, proceeded against the

petitioner under the provisions of the SARFAESI Act and the Rules made

thereunder.

3. The learned Counsel for the respondent Bank, on instructions,

submits that the overdue amount is around Rs.9.09 lakhs. It is further

submitted that if the petitioner makes a substantial upfront payment to WP(C) NO. 37150 OF 2024

2024:KER:78855

show her bona fides and pays the remaining overdue amount in a few

instalments as this Court may direct, the Bank shall not proceed against

the petitioner to recover its dues.

4. Considering the said stand of the learned Counsel for the

respondent Bank, the present writ petition is disposed of on the

following terms:

(i) The petitioner shall pay an upfront amount of Rs.3 lakhs along with

one regular EMI on or before 25.10.2024.

(ii) Subject to making the aforementioned payment, the sale of the

secured asset, which is scheduled for 29.10.2024, shall be deferred by the

Bank.

(iii) If the petitioner makes the payment as directed above, the balance

overdue amount is to be paid in eight equal monthly instalments, along

with regular instalments.

(iv) The first instalment is to be paid on or before 15.11.2024, and the

remaining seven instalments on or before the 15th day of each succeeding WP(C) NO. 37150 OF 2024

2024:KER:78855

month, along with regular instalments.

(v) If the petitioner pays the entire overdue amount, the Bank shall

regularize the petitioner's loan account for making payments in terms

of the loan agreement.

(vi) In case of failure to make payment of the upfront amount of Rs.3

lakhs along with one regular EMI or any instalments as directed above,

the Bank shall be free to proceed against the petitioner in accordance

with the law.

The writ petition stands disposed of.

Sd/-

D. K. SINGH JUDGE jjj WP(C) NO. 37150 OF 2024

2024:KER:78855

APPENDIX OF WP(C) 37150/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE NOTICE DATED 01.10.2024