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2021 Supreme(Online)(KER) 7747

HIGH COURT OF KERALA
N. NAGARESH, J
MUHAMMED SHAREEF – Appellant
Versus
THE AUTHORIZED OFFICER – Respondent


Advocates:
SRI.PRATHEESH.P, SMT.S.REKHA KUMARI, SMT.ANJANA KANNATH, SRI.VARGHESE C.KURIAKOSE

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 4th day of May, 2021 The petitioner would submit that he along with ₹

his wife availed a housing loan of 85,00,000/- from the second respondent-Branch Manager, Sundaram Home Finance Ltd. The loan was to be repaid in 120 EMIs from September, 2011. The loan is secured by a mortgage of 2.55 Ares of land in Kollam and a residential building thereon. Due to COVID-19 pandemic, loan was defaulted.

2. The respondents declared the Loan Account as NPA and invoked Section 13(2) of the SARFAESI Act . Though the petitioner requested the respondents to regularise the loan account and permit him to repay the dues in instalments, the respondents issued Ext.P1 possession notice on 12.03.2021. The petitioner would submit that the building is his residential house and if possession thereof is taken away during this pandemic time, he and his family would be put to untold hardship and loss. The petitioner reiterated his readiness to repay the outstanding amount if a breathing time is given. The learned Standing Counsel representing the respondents pointed out ₹

that the overdue loan amount itself comes to about 8 lakhs and the respondents have only acted in

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