Kerala High Court
Sumam T vs The Authorized Officer on 5 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 31160 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 31160 OF 2024
PETITIONER:
SUMAM T
AGED 48 YEARS
D/O THULASI; RESIDING AT: CHARUVILLA, PUTHENVEDU,
KAVALAYOOR P.O., MAMBOOR VILLAGE, VARKALA TALUK,
THIRUVANANTHAPURAM, PIN - 695144
BY ADVS.
R.RAJESH (VARKALA)
T.S.SARATH
MANU RAMACHANDRAN
M.KIRANLAL
SAMEER M NAIR
SAILAKSHMI MENON
RESPONDENT:
THE AUTHORIZED OFFICER
UNDER SECURITIZATION ACTINDIAN BANK, OFFICE AT: INDIAN
BANK ZONAL OFFICE, INDIAN BANK TOWERS, M.G.ROAD,
THIRUVANANTHAPURAM, PIN - 695001
SRI. BINOY VASUDEVAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 5th day of September, 2024
The present Writ Petition has been filed seeking
the following prayers:
1) To issue a writ of mandamus, or any other appropriate
writ or direction or order directing the respondents to
allow the petitioner to pay the outstanding dues in
instalments and regularize the loans.
2) To issue a writ of mandamus, or any other appropriate
writ or direction or order directing the respondents to
not take coercive actions against petitioner.
3) To issue a writ of certiorari, or any other appropriate
writ or direction or order quashing Ext. P5 sale notice
and Declare the Ext. P5 sale notice as improper, illegal
and arbitrary. And/or
4) Such other Writ, Orders or Directions deem fit on facts
and in the interest of justice
2. The petitioner had availed housing loan of
Rs.30,00,000/- from the respondent bank. However, the
petitioner has defaulted in making repayment of 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. The tenure for repayment of the
said loan is up to 2047.
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3. The learned counsel for the bank submits that if the
petitioner pays the substantial upfront amount before
10.09.2024, the bank shall not proceed with the sale of the
secured asset and the loan account of the petitioner shall
be regularized on receiving payment of the entire overdue
amount in instalments along with regular instalments as
this Court may direct. As on today, Rs.3,40,000/- is the
overdue amount and Rs.32,03,220/- is the total
outstanding amount.
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 amount of
Rs.1,00,000/- on or before 11.09.2024 and
remaining overdue amount in five equal monthly
instalments along with the regular instalments.
The 1st instalment is to be paid on or before
07.10.2024 and remaining four instalments on or
before 7th day of each succeeding months.
ii. After making the payment of the overdue
amount along with the regular instalments as
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directed above, the petitioner shall continue to
pay the regular instalments in terms of the loan
agreement till the entire loan liability is
discharged.
iii. Once the petitioner pays the overdue amount,
the bank shall regularize the loan account of the
petitioner.
iv. In case of failure to make payment of
Rs.1,00,000/- or any of the instalments as
directed above, the bank shall be free to proceed
with SARFAESI proceedings against the
petitioner for realizing the outstanding loan
amount.
v. If the petitioner pays Rs.1,00,000/- on or before
11.09.2024, the bank shall not proceed with the
sale of the secured asset.
With the aforesaid directions, the present writ petition
stands finally disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) NO. 31160 OF 2024
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APPENDIX OF WP(C) 31160/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BANK STATEMENT OF BANK
ACCOUNT 7232528334 WITH RESPONDENT BANK FROM
23.01.2022 TO 23.01.2023
Exhibit P2 A TRUE COPY OF SECTION 13(2) DEMAND NOTICE
ISSUED BY RESPONDENT DATED 14.02.2024
Exhibit P3 A TRUE COPY OF PETITIONER IDENTITY CARD
ISSUED FROM REGIONAL CANCER CENTRE
THIRUVANANTHAPURAM
Exhibit P4 A TRUE COPY OF PETITIONER LOAN ACCOUNT
STATEMENT BEARING ACCOUNT NO. 7232528334 WITH
RESPONDENT BANK FROM 01.01.2024 TO 31.08.2024
Exhibit P5 A TRUE COPY OF SALE NOTICE ISSUED BY THE
RESPONDENT TO PETITIONER AS ON 02.08.2024
Exhibit P6 A TRUE COPY OF THE EVICTION NOTICE ISSUED BY
ADV DEEPA NOBLE TO PETITIONER AS ON
22.08.2024
