A senior citizen challenged SARFAESI possession proceedings by his bank over his dwelling house. The court accepted his undertaking to pay Rs.60,000 per month for 11 months plus balance interest in the twelfth month, and disposed of the petition on those terms, permitting the bank to resume proceedings on default.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1509 OF 2022 (GM-RES)
BETWEEN:
MR. ABOOBAKER BEARY, S/O HAMMABBA BEARY, AGED ABOUT 69 YEARS, H.NO.5-61/2, ZEENATH MANZIL, KUNJAKATTE HOUSE, PERDOOR, UDUPI – 576 124.
…PETITIONER
(BY MISS. KAVITHA D., ADVOCATE)
AND:
M/S. ABHYUDAYA CO-OPERATIVE BANK LTD., R.O. 'SHAMBHAVI FORTUNE', BEHIND K.S.R.T.C. BUS STAND, UDUPI – 576 101. REP. BY ITS AUTHORIZED OFFICER.
…RESPONDENT
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
(BY SMT.NATASHA N MURTHY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED VACATING POSSESSION NOTICE DATED 25.11.2021 ANNEXURE - V ISSUED WITH REFERENCE TO THE DC ORDER DATED 27.12.2018 UNDER THE PROVISIONS OF THE SARFAESI ACT, 2002 BY THE RESPONDENT BANK VIDE ANNEXURE - L AND DECLARE THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AND ITS RULES AGAINST THE SCHEDULED PROPERTY ARE LEGALLY INVALID AND IN VIOLATION OF SARFAESI ACT, 2002 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:46143 WP No. 1509 of 2022
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
following reliefs:
NC: 2024:KHC:46143 WP No. 1509 of 2022
due is of Rs.6,66,031/-. The learned counsel for the petitioner has today filed an undertaking affidavit of the petitioner undertaking to make payment of a sum of Rs.60,000/- per month to liquidate the dues and the interest on Rs.6,66,031/commencing from 30.10.2024. The interest on the said amount from 01.11.2024 till the date of payment thereof would be made at the rate of current Prime Lending Rate (PLR) in the 12th month. 3. Learned counsel for the respondent-Bank though in principle agreeable for providing an opportunity to the petitioner to make payment of the due amount, she submits that the time period sought for by the petitioner is on the higher side and petitioner may be directed to make payment of the amount in fewer installments.
a dwelling house, necessary opportunity is required to be granted to the petitioner to make payment of the due amount. There is a difference of opinion only as regards time for payment but there is no difference of opinion as regards the petitioner being allowed to make payment of dues. As such, the affidavit undertaking to make payment is accepted.
Sd/(SURAJ GOVINDARAJ) JUDGE
SMJ, List No.: 1 Sl No.: 22
1 issue framed by the court
Whether a senior-citizen borrower in default of a house loan should be permitted to pay the dues in monthly installments despite SARFAESI recovery proceedings.
1 provisions across 1 enactments
Mr. Aboobaker Beary
M/s. Abhyudaya Co-operative Bank Ltd.
Suraj Govindaraj
As recorded by the court registry
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