Appeal against Single Judge order granting time to repay bank loan in instalments. Held issuance of instalment order was discretionary and no grounds to extend further; appeal dismissed.
No further indulgence granted; existing order for six instalments affirmed.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944
WA NO. 9 OF 2023
AGAINST THE JUDGMENT DATED 13.12.2022 IN WP(C) 40220/2022 OF HIGH
COURT OF KERALA
APPELLANTS/PETITIONERS:
1 E.K. RAJASEKHARAN AGED 80 YEARS, W/O. E.K. RAJASEKHARAN, ELAVANA HOUSE, ELINJIPPRA P.O., CHALAKUDY , THRISSUR, PIN – 680721
2 BEENA S. AGED 80 YEARS, W/O. E.K. RAJASEKHARAN, ELAVANA HOUSE, ELINJIPPRA P.O., CHALAKUDY , THRISSUR, PIN – 680721
3 RONEY E.R AGED 45 YEARS, S/O. E.K. RAJASEKHARAN, ELAVANA HOUSE, ELINJIPPRA P.O., CHALAKUDY , THRISSUR, PIN – 680721
4 BONEY E.R AGED 45 YEARS, S/O. E.K. RAJASEKHARAN, ELAVANA HOUSE, ELINJIPPRA P.O., CHALAKUDY , THRISSUR, PIN – 680721
BY ADV. SHABU SREEDHARAN BY ADV. THILAKAN
RESPONDENT/RESPONDENT:
STATE BANK OF INDIA ASSET RECOVERY MANAGEMENT BRANCH REPRESENTED BY ITS CHIEF MANAGER, 1ST FLOOR, RS BUILDING, OPP. MAHARAJAS COLLEGE GROUND, ERNAKULAM, PIN – 682011
BY ADV. JAYESH MOHAN KUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA:9/2023
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JUDGMENT
S. Manikumar, C.J.
Before the writ court, petitioners have sought for the
following reliefs:-
Advocate Commissioner, reads as under:
“NOTICE MEMO SUBMITTED BY THE ADVOCATE COMMISSIONER JITH RAJ P.P. IN THE ABOVE CASE
As per the commission order issued to me in the above case, this Hon'ble Court has appointed me as the Advocate Commissioner for taking possession of the scheduled properties belonging to the respondents.
Therefore, it is submitted that in the event of not paying the amount due to the State Bank of India, ARMB Branch, 1st Floor, RS Building, Opp Maharajas College Ground, Ernakulam by the respondents within 15 days of the date of receipt of this notice, after 15 days, without further notice, I shall evict the respondents and take possession of the property scheduled herein below and hand over the same to the petitioner State Bank of India, ARMB Branch, 1st Floor, RS Building. Opp. Maharajas College-Ground. Ernakulam based on the order of this Hon'ble Court.
Schedule 1: All that part and parcel of property admeasuring 5.26
WA:9/2023
3
ares of land and residential building comprised in sy. No. 247/12 in East Chalakkudy Village, Mukundapuram Taluk, Thrissur District, Chalakudy SRO, as per settlement deed no 1770/2014.
Schedule 2: All that part and parcel of property admeasuring 4.05 ares of land in sy No. 247/12 in East Chalakkudy Village, Mukundapuram Taluk, Thrissur District, Chalakudy SRO, as per Gift Deed No. 5147/2011.
Dated this the 22nd day of November, 2022.
Advocate Commissioner : Jith Raj P.P. Sd/-”
of the submission of the learned counsel appearing for the bank, that the bank is willing to accept repayment of the outstanding amount in limited instalments, writ court, vide judgment dated 13.12.2022 in W.P.(C.) No. 40220 of 2022, ordered thus:-
“4. Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in six instalments. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.75,32,085/-(Rupees seventy five lakhs thirty two thousand and eighty five only) along with any accrued interest, costs and charges charges from the petitioners on the following conditions:
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The writ petition is disposed of as above.”
made submissions on the grounds raised and sought for indulgence to grant ten equated monthly instalments, Mr. Jayesh Mohan Kumar, learned counsel appearing for the bank, submitted that the loans were availed for starting a business.
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For the reasons stated supra, we find no reason to interfere with the impugned judgment dated 13.12.2022. Accordingly, the writ appeal is dismissed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY JUDGE
DCS/05.01.2023
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6
APPENDIX
PETITIONER ANNEXURES
ANNEXURE-1 THE TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 25.1.2022
2 issues framed by the court
Whether the High Court can interfere with the Single Judge's order granting six instalments for loan repayment.
Whether the Writ Court can direct the bank to extend the contract period beyond the agreed timeframe.
E.K. Rajasekharan
Beena S.
Roney E.R
Boney E.R
State Bank of India Asset Recovery Management Branch
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
