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2024 Supreme(Online)(KER) 22221

HIGH COURT OF KERALA
SREEDEVI – Appellant
Versus
KERALA STATE COOPERATIVE BANK LTD – Respondent


JUDGMENT

The present writ petition has been filed for following prayers:

“i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to pay off the loan overdues in Consumption Loan A/c No.030266036120641 in a phased manner and to regularize the loan account.

ii. Issue any such other appropriate writ, order or direction as this Hon’ble Court deems fit and proper considering the circumstances of the case in the interest of justice.”

2. The petitioner has availed a consumption loan of Rs.4,00,000/- from the 1st respondent Bank on 31.01.2019. The repayment tenure of the loan was for five years along with interest. The petitioner has not been able to make repayment of the loan amount in terms of the agreement and therefore, the Bank after classifying the loan account of the petitioner as Non-Performing Asset has proceeded under the provisions of the SARFAESI Act and Rules made thereunder.

3. The learned counsel for the Bank submits that as the tenure of the loan is already over, there is no question of any overdue amount. As of today, the total outstanding amount is Rs.3,68,540/- and the Bank has no object

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