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2023 Supreme(Online)(KER) 4565

HIGH COURT OF KERALA
GOPINATH P, J
LENEESH.M.PAUL – Appellant
Versus
SOUTH INDIAN BANK – Respondent


Advocates:
C.A.ANOOP, R.KRISHNA, VANESHA VISWAMBARAN, SUNIL SHANKER, VIDYA GANGADHARAN, SANDHRA.S

J U D G M E N T

Petitioner availed a cash credit facility from the respondent bank. On default being committed, proceedings have been initiated against the petitioner to recover the amounts due from the petitioner. The proceedings are at the stage where the bank has issued redemption notice under Section 13 (8) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the Securitisation Act). The outstanding amount in cash credit loan availed by the petitioner as on 15-01-2023 is stated to be Rs.9,79,152.67.

2. The learned counsel for the petitioner submits that the petitioner may be permitted to clear the liability in installments.

3. The learned counsel for the respondent bank would submit that the writ petition is not maintainable before this court in the light of the judgment of the Supreme Court inPhoenix Arc Private Limited v. Vishwa Barati Vidya Mandir (Civil Appeal Nos.257-259/2022 dated 12-01-2022), United Bank of India v. Satyavati Tandon and others ; AIR 2010 SC 3413 and Authorised Officer, State Bank of Travancore v. K.C. Mathew; (2018) 3 SCC 85 . It is submitted that if the petitioner is aggrieved

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