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2019 Supreme(Online)(KER) 17796

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:

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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

4

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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