The Court allowed the petitioner to clear the housing loan overdue amount and regularize the account in four monthly instalments, directing the Bank to comply and permitting resumption of proceedings upon default.
The petitioner shall clear the overdue amount in four equal monthly instalments; Bank to regularize the account.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937
WP(C).No. 15627 of 2015 (C)
PETITIONER :
RAJAN, AGED 49 YEARS, S/O.VELU, NEELAMKODE HOUSE, THIRUVAZHYAD P.O., AYALUR, PALAKKAD PIN – 678 510.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT :
THE FEDERAL BANK LIMITED, NEMMARA BRANCH, NEMMARA, ALATHUR, PALAKKAD, REPRESENTED BY ITS MANAGER-678 541.
BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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...2/-
WP(C).No. 15627 of 2015 (C)
APPENDIX
PETITIONERS' EXHIBITS :
EXT. P1TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE DAYA GENERAL HOSPITAL & SPECIALITY SURGICAL CENTRE ALONG WITH MRI SCAN REPORT.
EXT. P2TRUE COPY OF THE MEDICAL CERTIFICATE DATED 23.5.2015 ISSUED FORM THE THARAYIL AYURVEDA HOSPITAL VADAKKENCHERRY.
EXT. P3THE PHOTOCOPY OF THE NOTICE IN C.M.P NO.1861/2015 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD DATED 18.5.2015.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.15627 of 2015
JUDGMENT
The petitioner availed a housing loan from the respondent Bank. The petitioner, impugning SARFAESI proceedings, has approached this Court. According to the Bank, the overdue amount as on today is around Rs.2,88,000/- and the total liability is more than Rs.11 lakhs. The petitioner prays before this Court to permit him to clear the overdue amount and direct the Bank to regularise the loan account.
Taking note of the facts and circumstances, following directions are issued:
of the instalments, the Bank is free to proceed against the petitioner from the stage where it is stopped.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
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1 issue framed by the court
Whether the Court can allow the petitioner to clear overdue housing loan amount in instalments to regularize the account under SARFAESI proceedings.
RAJAN
THE FEDERAL BANK LIMITED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
