Renjith P vs Bank Of Baroda
2024 Latest Caselaw 26916 Ker

Kerala High Court

Renjith P vs Bank Of Baroda on 6 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                           2024:KER:67876

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

     FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                      WP(C) NO. 31265 OF 2024

PETITIONER/S:

      1      RENJITH P
             AGED 35 YEARS
             S/O. PAZHANIYAPPAN, MANAYIL HOUSE, IRTC ROAD,
             MUTTIKULANGARA POST, PALAKKAD, PIN - 678594

      2      BINDU M
             AGED 30 YEARS
             W/O. RENJITH P, MANAYIL HOUSE, IRTC ROAD,
             MUTTIKULANGARA POST, PALAKKAD., PIN - 678594


             BY ADVS.
             GOKUL DEVIS
             SARATH M.S.
             ATHUL KRISHNA A.




RESPONDENT/S:

      1      BANK OF BARODA
             REPRESENTED BY MANAGER, OLAVAKKODE BRANCH, WOODEX
             COMPLEX, NEAR HEAD POST OFFICE, OLAVAKKODE,
             PALAKKAD., PIN - 678002
      2      THE AUTHORIZED OFFICER
             BANK OF BARODA, OLAVAKKODE BRANCH, WOODEX COMPLEX,
             NEAR HEAD POST OFFICE, OLAVAKKODE, PALAKKAD, PIN -
             678002

             BY ADV ROJO JOSEPH


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    06.09.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                              2024:KER:67876
WP(C) NO. 31265 OF 2024

                                        2
                               JUDGMENT

The present writ petition has been filed with the following

prayers:-

"(i)Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent bank to allow the petitioners to regularize their loan account by clearing the dues to the bank as of date in monthly instalments and to continue to pay monthly instalments as per the loan schedule;

(ii) To issue a writ of mandamus order or direction directing the respondents not to proceed with further action pursuant to Ext.P1 notice;

(iii) Such other relief this Hon'ble court deems fit and proper to grant in the facts and circumstances of the case."

2.The petitioner has obtained a housing loan of Rupees

Twenty Lakhs from the respondent Bank. The petitioner has

committed serious defaults in repaying the loan amount, and

therefore, the Bank after classifying the loan account as NPA has

proceeded under the provisions of the SARFAESI Act and rules

made thereunder.

3.The learned counsel for the Bank on instructions

submits that as of today, the total outstanding is Rs.24,36,000/-

and overdue amount is Rs.3,29,205/-.

4.The learned counsel for the Bank submitted that, if the

petitioner makes a substantial upfront payment and remaining

overdue amount in installments along with regular installments,

the Bank shall regularize the loan account of the petitioner for 2024:KER:67876 WP(C) NO. 31265 OF 2024

making payment in terms of the loan agreement.

5.Considering the aforesaid stand of the Bank, the writ

petition is disposed of, with the following terms:-

1. The petitioner shall pay Rs.1,00,000/- on or

before 07.10.2024 and remaining outstanding

dues in six equal monthly installments along

with regular installments.

2.The first installment as directed above is

required to be paid on or before 07.11.2024 and

remaining five installments on or before 07 th day

of each succeeding month thereafter.

3.In case of failure to make payment of

Rs.1,00,000/- or any of the installments as

directed above, the Bank shall be free to proceed

against the petitioner in accordance with law, to

realise its dues.

With the aforesaid directions, the present writ petition is

disposed of as above.

Sd/-

DINESH KUMAR SINGH JUDGE SJ 2024:KER:67876 WP(C) NO. 31265 OF 2024

APPENDIX OF WP(C) 31265/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY RESPONDENT BANK DATED 11-06-2024

Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER FROM MALABAR HOSPITAL DATED 15-10-2021