IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 03RD DAY OF MAY 2019 / 13TH VAISAKHA, 1941
WP(C).No. 12874 of 2019
PETITIONER/S:
1
SOUMYA DEVI
AGED 38 YEARS
W/O.ANILKUMAR,RESIDING AT SARADALAYAM,
VALIYARA NORTH,
VELLANAD,TRIVANDRUM-695543.
2
ANILKUMAR,
AGED 42 YEARS
S/O BABU RAJENDRAN,RESIDING AT SARADALAYAM,
VALIYARA NORTH ,VELLANAD,TRIVANDRUM-695543.
BY ADVS.
V P NARAYANAN
SMT.DIVYA RAVINDRAN
RESPONDENT/S:
THE AUTHORISED OFFICER
CHIEF MANAGER,SYNDICATE BANK,
REGIONAL OFFICE,TRIVANDRUM-695014.
SRI. M.P ASHOK KUMAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12874 of 2019
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Petitioners are aggrieved by the recovery proceedings
initiated by the respondent under the Securitisation and
Reconstruction of Financial Assets and Enforecement of Security
Interest Act, 2002.
2.
Heard the learned counsel for the petitioners and the
learned Standing Counsel for the respondent.
3.
According to the leaned Standing Counsel for the
respondent, an amount of Rs.2,82,650/- is outstanding in the loan
account. Though the petitioners were required to pay that amount
in order to regularise the loan, the petitioners did not respond
promptly, contends learned counsel for the respondent. Learned
counsel for the respondent submits that taking into consideration
that the loan in question is a housing loan, a very short breathing
time can be granted to the petitioner.
In the circumstances, the writ petition is disposed of granting
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liberty to the petitioners to pay an amount of Rs.1,50,000/-
(Rupees One lakh fifty thousand only) by 15th of May, 2019. The
balance outstanding amount will be paid by 15th of June, 2019.
On receipt of Rs.1,50,000/- as stated above, the bank will
consider regularisation of the loan account of the petitioners. If
the petitioners make default in payment of the outstanding as
indicated above, the bank will be at liberty to proceed against the
petitioners. Ext.P5 proceedings will be kept it in abeyance till
15.06.2019.
Sd/-
N.NAGARESH
JUDGE
Hmh
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE NOTICE DATED 29.4.2016
UNDER SECTION 13(2)OF THE SARFEASI ACT
ACT.
EXHIBIT P2
TRUE COPY OF THE SAID NOTICE U/S.13(4)OF
THE SARFEASI ACT DATED 03.10.2016 ISSUED
BY THE RESPONDENT BANK.
EXHIBIT P3
TRUE COPY OF THE MEDICAL CERTIFICATE
OBTAINED FROM THE MEDICAL OFFICER IN
CHARGE OF RCC,THIRUVANANTHAPURAM.
EXHIBIT P4
TRUE COPY OF THE ORDER IN MC NO.143/2019
ISSUED BY THE CHIEF JUDICIAL
MAGISTRATE,THIRUVANANTHAPURAM.
EXHIBIT P5
TRUE COPY OF THE NOTICE ISSUED BY
ADVOCATE COMMISSIONER DATED 08.04.2019.
RESPONDENT'S/S EXHIBITS: NIL
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