Disposed

Suresh v. Kerala State Co-Operative Bank (Kerala Bank)

Kerala HC9 Jan 2024WP(C)/80/2024

Case brief

AI extract

What is this about?

Borrowers sought relief from coercive SARFAESI recovery proceedings on a ₹6 lakh consumption loan that fell into arrears. The court allowed repayment in twelve equal monthly instalments with interest, deferring coercive action if payments were made and permitting the Bank to proceed if they defaulted.

What did the court decide?

Petitioners permitted to remit ₹12,88,733/- in 12 equal monthly instalments with interest; coercive proceedings deferred on payment; liberty to Bank on default.

Suresh Vs Kerala State Co-Operative Bank (Kerala Bank) — Banking and Recovery | Kerala HC (2024)

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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 N.NAGARESH

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TUESDAY, THE 9^TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945

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WP(C) NO. 80 OF 2024

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PETITIONERS:

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1 SURESH AGED 49 YEARS, S/O NESHAMANI, CHITRA BHAVAN, PUNEERKUNNU, BALARAMAPURAM POST, THIRUVANANTHAPURAM PIN – 695501.

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2 NISHARAJ AGED 40 YEARS, W/O SURESH, CHITRA BHAVAN, PUNEERKUNNU, BALARAMAPURAM POST, THIRUVANANTHAPURAM PIN – 695501.

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BY ADVS. AJIT G ANJARLEKAR G.P.SHINOD GOVIND PADMANAABHAN ATUL MATHEWS GAYATHRI S.B.

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RESPONDENTS:

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1 KERALA STATE CO-OPERATIVE BANK (KERALA BANK) REGIONAL OFFICE, P.B NO: 5122, KIZHAKKEKKOTTA, FORT POST, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS AUTHORISED OFFICER, PIN – 695023.

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2 KERALA STATE CO-OPERATIVE BANK (KERALA BANK) BALARAMAPURAM BRANCH, THIRUVANANTHAPURAM DISTRICT PIN - 695501 REPRESENTED BY THE BRANCH MANAGER.

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BY ADV.SRI.THOMAS ABRAHAM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.80 of 2024

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J U D G M E N T

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Dated this the 9^th day of January, 2024

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The petitioners have approached this Court aggrieved by the coercive proceedings for recovery of financial advance made

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by the Kerala State Co-operative Bank to the petitioners, invoking the provisions of the Securitisation and Reconstruction

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of Financial Assets and Enforcement of Security Interest Act, 2002.

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The Bank paid ₹6 lakhs to the petitioners as

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Consumption Loan in the year 2014. The petitioners state that though the petitioners made remittances promptly during the initial repayment period of the financial advance, they could not pay the repayment instalments promptly later due to financial crisis. The repayment of loan fell into arrears later. It happened

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due to reasons beyond the control of the petitioners.

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W.P.(C)No.80 of 2024

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Though the petitioners requested the Bank to permit

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the petitioners to repay the overdue amounts in easy monthly instalments, the Bank authorities were not yielding. The authorities, instead, started coercive proceedings, invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Security Interest (Enforcement) Rules, 2002 and issued Ext.P1 notice.

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The petitioners state that they are still in a position to

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clear the overdue amounts towards the loan, if sufficient time is given to clear the dues in easy monthly instalments. If the respondents are permitted to continue with the coercive proceedings and auction the secured assets provided by the petitioners, they will be put to untold hardship and loss.

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Standing Counsel entered appearance on behalf of the Bank and denied all the statements made by the petitioners.

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On behalf of the respondents, it is submitted that the loan was

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W.P.(C)No.80 of 2024

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given to the petitioners in the year 2014. The petitioners

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committed default in repaying the loan.

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The Bank repeatedly reminded the petitioners and required them to clear the dues. The petitioners deliberately omitted to do so. In the circumstances, the Bank had no other go than to proceed against the petitioners invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The impugned Ext.P1 notice was issued in these circumstances. The petitioners have not advanced any legal reasons to thwart the coercive proceedings initiated by the Bank.

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The Standing Counsel, however, submitted that if the petitioners are ready and willing to make a substantial payment soon and remit the balance outstanding amount immediately thereafter, a short breathing time can be granted to the petitioners to clear the dues. The Standing Counsel submitted that the outstanding amount due to the Bank from the petitioners

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W.P.(C)No.80 of 2024

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as on 31.12.2023 is ₹12,88,733/- .

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I have heard the counsel for the petitioners and the Standing Counsel representing the Bank.

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The specific case of the petitioners is that the petitioners have been making the repayment and maintaining the loan account initially. The default in repayment occurred lately due to reasons beyond the control of the petitioners. The petitioners have provided substantial security which will safeguard the interest of the Bank.

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In the facts and circumstances of the case, I am inclined to dispose of the writ petition giving a short and reasonable time to the petitioners to clear off the liability.

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The writ petition is therefore disposed of with the following directions:

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(i) The petitioners shall remit the overdue

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amount of ₹12,88,733/- in 12 equal and

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consecutive monthly instalments along with

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W.P.(C)No.80 of 2024

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accruing interest and other Bank charges, if any. The first instalment shall be paid on or before 12.02.2024.

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(ii) If the petitioners commit default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioners in accordance with law. (iii) If the petitioners make payments as directed above, coercive proceedings, if any, against the petitioners shall stand deferred.

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Sd/-

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N. NAGARESH JUDGE

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ams

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W.P.(C)No.80 of 2024

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APPENDIX OF WP(C) 80/2024