The Court disposed of a writ petition where a petitioner faced SARFAESI proceedings for a housing loan default, allowing her to pay the outstanding amount via installments.
Order to pay outstanding amount of Rs.1,40,000 with accrued interest in eight equal monthly installments commencing from 15/06/2015.
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.M.SHAFFIQUE
THURSDAY, THE 19TH DAY OF MAY 2016/29TH VAISAKHA, 1938
WP(C).No. 4819 of 2016 (B)
PETITIONER(S):
THANKAM AMMA, AGED 66 YEARS, W/O. MUKUNDAN, VALIYAPARAMBATHU HOUSE, NADAKKUTHAZHA P.O, VADAKARA, KOZHIKODE- 673 101.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW, SRI.SUNIL KUMAR A.G., SRI.DIPU JAMES.
RESPONDENT(S):
1. VADAKARA CO-OPERATIVE URBAN BANK LTD., D. 2263, NUT STREET P.O, VADAKARA, KOZHIKODE- 673 101, REPRESENTED GENERAL MANAGER.
2. THE AUTHORISED OFFICER & GENERAL MANAGER, VADAKARA CO-OPERATIVE URBAN BANK LTD., D. 2263, NUT STREET P.O, VADAKARA, KOZHIKODE -673 101.
3. PRAMEELA. M., ADVOCATE COMMISSIONER, OPPOSITE TO DISTRICT COURT, KOZHIKODE- 673 032.
R1 & R2 BY ADV. SRI.DEVAPRASANTH.P.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 4819 of 2016 (B)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF NOTICE DATED 20-01-2016 ISSUED BY THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.4819 of 2016
Dated this the 19th day of May 2016
J U D G M E N T
Petitioner has approached this Court as he is faced with SARFAESI Act proceedings by which the Advocate Commissioner appointed by the Chief Judicial Magistrate has called upon the petitioner to give vacant possession of the premises. Petitioner had taken a housing loan agreeing to pay the same in 84 monthly instalments. The period covered by the contract is already over and in the meantime, when there was default, SARFAESI proceedings were initiated by the 1st respondent.
i) Petitioner shall pay the outstanding amount of Rs.1,40,000/- (Rupees one lakh forty thousand only) with accrued
W.P.C.No.4129/2016
2
interest in eight equal monthly instalments commending from 15/06/2015.
ii) If there is any default in payment of any of the instalments, it shall be open for the respondents to take appropriate proceedings, in accordance with law.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
True Copy PA to Judge
1 issue framed by the court
Whether indulgence can be shown to a defaulting housing loan petitioner facing SARFAESI proceedings.
1 provisions across 1 enactments
Thankam Amma
Vadakara Co-operative Urban Bank Ltd.
The Authorised Officer & General Manager, Vadakara Co-operative Urban Bank Ltd.
Prameela M.
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
