IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946
WP(C) NO. 24601 OF 2024
PETITIONER:
RAMADASAN
AGED 64 YEARS
S/O MANI T.R 1/98, CHAKKAMPURAM HOUSE,
MUNDIYAMKAVUPARAMBIL, PERINGOTTUKURUSSI,
NADUVATHAPARA P.O, PALAKKAD, PIN - 678574
BY ADVS.
V.K.PEERMOHAMED KHAN
GIRISH KUMAR V.C
ASNA M.B.
RESPONDENT:
THE AUTHORIZED OFFICER, STATE BANK OF INDIA
STRESSED ASSET RECOVERY BRANCH II, R.S. BUILDING,
M.G. ROAD, ERNAKULAM, PIN – 682011
BY JITHESH MENON, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
The present writ petition has been filed with the following prayers:
2.As per the learned Standing Counsel for the Bank total outstanding amount is Rs.31,56,698/-. The learned counsel for the petitioner submits that the petitioner is willing to discharge the loan liability. However, he does not have the means to discharge the loan liability in one go as the business is closed. The petitioner needs some breathing time to mobilize the resources to pay off the loan amount outstanding against him.
3.The learned counsel for the respondent Bank submits that since February 2023, the loan account was declared as 'NPA', the petitioner must took his bona fide to discharge the loan liability. Considering the aforesaid submission and taking into consideration of facts and circumstances, the present Writ Petition is disposed of with following directions:<br/>
08.08.2024, the remaining outstanding amount along with interest is to be paid by the petitioner in 10 equal monthly installments. the 1st installment after payment of rs.6 lakhs on or before 08.08.2024 has to be paid on or before 07.09.2024, the remaining 9 installments on or before the 7th day of each succeeding month. in case of failure of making payment of rs.6 lakhs or any subsequent installment as directed above, the bank shall be free to take appropriate measures on proceedings for realizing the outstanding amount of the bank against the petitioner. with the aforesaid directions, the present writ petition stands disposed of. the impugned coercive notice shall be kept in abeyance for a period of one month. the petitioner may also approach the bank after making payment of rs.6 lakhs on or before 08.08.2024 for recasting loan or one time settlement as the case may be. the bank shall be free to proceed with the impugned advocate commissioner’s notice.
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