Dismissed

Ayoob Khan S. v. the Authorized Officer, State Bank of India

Kerala HC16 Jul 2018WA/1358/2018

Case brief

AI extract

What is this about?

This writ appeal challenged a single judge order in an SBI housing loan recovery case. The High Court approved interest-free instalments over eleven months starting 16.08.2018 instead of 21.05.2018, while keeping other terms undisturbed.

What did the court decide?

Order for instalment repayment of the outstanding loan dues to commence on 16.8.2018 for eleven months.

Ayoob Khan S. Vs the Authorized Officer, State Bank of… — Banking and Recovery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940

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WA.No. 1358 of 2018

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AGAINST THE JUDGMENT IN WP(C) 11246/2018 of HIGH COURT OF KERALA DATED 24-04-2018

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APPELLANT/PETITIONER:

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AYOOB KHAN S., S/O.SUBAIR, AGE 48 YEARS, ARATHUMELE VILAYIL VEEDU, K.KONAM P.O., PALLICKAL, THIRUVANANTHAPURAM, REPRESENTED BY THE POWER OF ATTORNEY HOLDER A.SUMAIYA, W/O.HASHIM, RESIDING AT OMANI RAHATH MANZIL, OMANI NAGAR, NAVAIKULAM P.O., THIRUVANANTHAPURAM-695603.

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BY ADV.SRI.J.S.AJITHKUMAR

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RESPONDENT/RESPONDENT:

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THE AUTHORIZED OFFICER, STATE BANK OF INDIA, THATTATHUMALA BRANCH, REENA COMPLEX, M.C.ROAD, THIRUVANANTHAPURAM-1.

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BY SRI.R.S.KALKURA, SC, SBI

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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okb

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HRISHIKESH ROY, AG.C.J. &

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A.K.JAYASANKARAN NAMBIAR, J

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----------------------------------------------- Writ Appeal No.1358 of 2018

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----------------------------------------------Dated this the 16^th day of July, 2018

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JUDGMENT

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Hrishikesh Roy, Ag.C.J.

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Heard Sri.J.S.Ajithkumar, the learned counsel for the appellant who was the petitioner in W.P.(C) No.11246 of 2018 as also Sri.R.S.Kalkura, the learned counsel appearing for the authorised officer of the State Bank of India.

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The writ petitioner availed a housing loan. When he defaulted in the payment of instalments, the SBI initiated Recovery proceedings under the SARFAESI Act. Aggrieved thus, the borrower approached the High Court.

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The writ petition came to be disposed of on 24.4.2018 by permitting the petitioner to wipe off the entire outstanding dues to the Bank, in ten equal monthly instalments commencing from 21.5.2018 with a further direction that the subsequent instalments will be paid before the last date of the succeeding month. It was made clear that, in the event of default of instalments, the Bank is at liberty to continue with the recovery proceedings under the SARFAESI Act.

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The learned counsel for the appellant submits that the writ court should have permitted the borrower to remit the overdue amount within a reasonable time and regularise the loan account of the appellant, instead of directing the repayment of the entire outstanding amount, in monthly instalments.

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However, the Bank's lawyer points out that the amount required for

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W.A.1358/18 :2:

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regularisation is approximately Rs.13,62,283/-, whereas the total outstanding as on today would be approximately Rs.20,97,669/-.

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Confronted with the above projection, the learned counsel for the petitioner submits that he is now prepared to make the payment of the entire outstanding amount in instalments as was directed in the Writ Court. But he prays for commencement of the instalments from the next month.

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Having regard to the above, as also to the financial hardship canvassed by the appellant's lawyer, we order for instalment repayment of the outstanding loan dues, as directed by the learned single Judge, in the next eleven months. The first of the instalments will however commence now on 16.8.2018 in lieu of 21.5.2018. The other stipulations made in the judgment under appeal, are left undisturbed.

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With the above order the Writ Appeal stands closed.

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Sd/- HRISHIKESH ROY, Acting Chief Justice

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Sd/- A.K.JAYASANKARAN NAMBIAR

Judge

okb.

//True copy//

P.A. to Judge

Ayoob Khan S. v. the Authorized Officer, State Bank of India

Case brief

What is this about?

What did the court decide?

Ayoob Khan S. v. the Authorized Officer, State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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