Disposed

R.Shaji v. the Branch Manager, P.B. Branch,State Bank of India

Kerala HC14 Feb 2022WP(C)/1281/2022

Case brief

AI extract

What is this about?

Petitioner, a KSRPTC driver out of service due to ill health, approached the Court regarding possession notice issued by State Bank of India for auction of his residence due to defaulted housing loan instalments. The Court directed the bank to permit the petitioner to clear arrears and interests in 10 equal monthly instalments.

What did the court decide?

Petitioner permitted to clear overdue arrears in 10 equal monthly instalments along with interest; first instalment due on 15.03.2022.

R.Shaji Vs the Branch Manager, P.B. Branch,State Bank of… — Banking and Recovery | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

MONDAY, THE 14^TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943

¶5

WP(C) NO. 1281 OF 2022

¶6

PETITIONER:

¶7

R.SHAJI, AGED 48 YEARS, S/O. RAJAPPAN, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA DEPOT (RESIDING AT CHERIYATHUMTHARA), THANNEERMUKKOM P.O., CHERTHALA-688 527

¶8

BY ADVS. K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)

¶9

RESPONDENTS:

¶10

1 THE BRANCH MANAGER, P.B. BRANCH, STATE BANK OF INDIA, CHERTHALA,-688 524

¶11

2 THE MANAGER, STATE BANK OF INDIA, RASMEC, IRON BRIDGE ROAD, ALAPPUZHA-688 011

¶12

BY ADVS. SMT.DEEPA NARAYANAN SRI.T.SETHUMADHAVAN (SR.) SMT.PREETHI. P.V.

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C)No.1281/2022

¶15

¶16

JUDGMENT

¶17

Dated this the 14^th day of February, 2022

¶18

The petitioner is a Driver of Kerala State Road Transport Corporation. The petitioner availed a housing loan of ₹6.5 lakhs from the 1^st respondent-Bank. He was remitting the equated monthly instalments at the rate of ₹5,300/towards the loan.

¶19

The petitioner unfortunately remained out of service from 05.11.2017 onwards. Consequently, he could not remit the instalments promptly. The petitioner had to conduct the marriage of his daughter also. The Bank authorities issued possession notice to the petitioner to sell in auction his residential property. The petitioner therefore filed this writ petition. In the writ petition, the petitioner prayed that the respondents be directed to permit the petitioner to remit the

¶20

WP(C)No.1281/2022

¶21

¶22

outstanding amount of ₹2,75,000/- in instalments.

¶23

The learned Standing Counsel entered appearance for the respondents. The Standing Counsel submitted that the overdue amount receivable from the petitioner as on 21.01.2022 is ₹3,52,688/- and the total outstanding will be ₹8,30,506/-. Taking into consideration the pandemic situation and the financial constraints of the petitioner, five months time can be granted to the petitioner to repay the overdue amount.

¶24

When this writ petition came up for admission on 01.02.2022, this Court passed an interim order directing the petitioner to remit an amount of ₹50,000/- within 10 days. The learned counsel for the petitioner submits that with great difficulties the petitioner has arranged the said amount and has made payment of ₹50,000/- as directed by this Court.

¶25

Taking into consideration the facts and circumstances of the case, this Court is of the view that the petitioner should be granted an opportunity to clear the overdue arrears in equal instalments.

¶26

¶27

¶28

In the circumstances, the writ petition is disposed of permitting the petitioner to clear the overdue arrears payable to the respondents in 10 equal monthly instalments along with accruing interest and other dues, if any. The first of the 10 instalments shall be paid on or before 15.03.2022. If the petitioner commits two consecutive defaults in remitting the instalments as directed above, the respondents will be at liberty to proceed against the petitioner in accordance with law. It is needless to say that the petitioner shall continue to pay the regular equated monthly instalments along with the aforesaid 10 instalments.

¶29

Sd/- N. NAGARESH JUDGE

APPENDIX OF WP(C) 1281/2022

¶34

PETITIONER'S EXHIBITS:

¶35

Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.DEEVAR PRAHLAD DATED 5.11.2017 Exhibit P2 TRUE COPY OF THE FITNESS CERTIFICATE DATED 25.3.2019 ISSUED BY DR.PARAMESWARA SARMA Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE OF STATE BANK OF INDIA DATED 05.01.2022 Exhibit P4 TRUE COPY OF THE SLIP HANDED OVER BY THE 2ND RESPONDENT TO THE PETITIONER MENTIONING THAT THE CURRENT DUES AMOUNTS TO RS. 2,75,000/-

R.Shaji v. the Branch Manager, P.B. Branch,State Bank of India

Case brief

What is this about?

What did the court decide?

R.Shaji v. the Branch Manager, P.B. Branch,State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sibi N.K Vs Superintending Engineer

Sureshkumar Anandavallyamma Ravindran Nair, Vs Union of India

Ashtami Reghunath Vs the District Level Authorization Committee for Transplantation of Human Organs

B.V.G. India Limited Vs State of Kerala

Chanthu Vs State of Kerala

P.v.Suresh Vs the Hotel & Restaurants Approval and Classification Committee (Hracc)