Allowed

Abhilash. N v. the Authorised Officer

Kerala HC17 Dec 2015WP(C)/32344/2015

Case brief

AI extract

What is this about?

In a writ petition against a bank under the SARFAESI Act, the High Court of Kerala entertained the petitioner's plea of financial hardship. The Court allowed the petitioner to remit the total overdue amount in eight equal monthly installments to stay the bank's recovery proceedings, while reserving the bank's right to resume proceedings upon any default.

What did the court decide?

Recovery proceedings stayed if the petitioner repays Rs. 4,67,071/- plus accrued interest in eight equal monthly installments starting 05.01.2016 and continues original schedule.

Abhilash. N Vs the Authorised Officer — Banking and Recovery | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937

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WP(C).No. 32344 of 2015 (P)

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PETITIONER :

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ABHILASH N., S/O.SULOCHANA, NARIKKUZHIYIL HOUSE, CHAZHIYATTIRI P.O., PERINGODE, PATTAMBI, PIN-679535.

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BY ADV. SRI.K.A.MANZOOR ALI

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RESPONDENTS :

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1. THE AUTHORISED OFFICER SUNDARAM BNP PARIBAS HOME FINANCE LTD., 3RD FLOOR FAIR TRADE CENTRE, TUDA ROAD, ASWANI JUNCTION THIRUVAMBADI P.O., TRICHUR-680 022.

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2. THE BRANCH MANAGER, SUNDARAM BNP PARIBAS HOME FINANCE LTD., 3RD FLOOR FAIR TRADE CENTRE, TUDA ROAD, ASWANI JUNCTION THIRUVAMBADI P.O., TRICHUR-680 022.

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R1 & R2 BY ADV. SRI.VARGHESE C. KURIAKOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 32344 of 2015 (P)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT. P1 TRUE COPY OF THE PAPER PUBLICATION NOTICE DATED 22.08.2015 IN MALAYALA MANORAMA DAILY DATED 26.08.2015.

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EXT. P2 TRUE COPY OF THE LETTER DATED NIL SENT TO RESPONDENT BY THE PETITIONER.

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EXT. P2(a) TRUE COPY OF THE POSTAL RECEIPT.

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RESPONDENT(S)' EXHIBITS : NIL

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//TRUE COPY//

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P.A. TO JUDGE

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A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No. 32344 of 2015

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===================================================== Dated this the 17^th day of December, 2015

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JUDGMENT

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The petitioner, who had availed of two loans from the respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the 'SARFAESI Act', to recover the loan amounts. Ext.P1 is the possession notice issued to the petitioner under the SARFAESI Act. In the writ petition, the petitioner impugns the steps initiated by the respondent bank for recovery of the loan amounts.

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I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing Counsel appearing on behalf of the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit him to remit the balance amounts outstanding to the bank in easy installments. Taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:-

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-2-

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W.P.(C). No. 32344 of 2015

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(i) The total overdue amount, in respect of both the loans, is stated to be Rs.4,67,071/- together with accrued interest. Accordingly, if the petitioner remits the aforesaid amount of Rs.4,67,071/- together with accrued interest in eight equal and successive monthly installments commencing from 05.01.2016, and continues to keep up the regular installments as per the original loan schedule, then the recovery steps initiated against him by the respondent bank shall be kept in abeyance.

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(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they presently stand.

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(iii) The respondent bank shall, within a period of two weeks from today, provide the petitioner with an upto-date statement of accounts so as to enable the petitioner to discharge the liability in accordance with the directions of this judgment.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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das /17.12.15

Abhilash. N v. the Authorised Officer

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Abhilash. N v. the Authorised Officer

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