Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 WP(C).No. 29903 of 2012 (K) ----------------------------------------- CRMP.8670/2012 of C.J.M.,THRISSUR ........ PETITIONER(S): ----------------------- OMANA, W/O.RAJU, KARIPAPRAMBIL HOUSE, MANDARAPPALLY DESOM CHEMBUCHIRA P.O., MATTATHUR VILLAGE MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.S.BHARATHAN RESPONDENT(S): ------------------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED., REPRESENTED BY ITS AUTHORISED OFFICER, SAHAKARANA SHATHABDI MANDIRAM, TUDA ROAD KOVILAKATHUMPADAM, THRUVAMPADY P.O., THRISSUR PIN-680 022.
2. THE GENERAL MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED, SAHAKARANA SHATHABDI MANDIRAM, TUDA ROAD KOVILAKATHUMPADAM, THIRUVAMPADY P.O., THRISSUR, PIN-680 022.
3. MOHANAN S/O.LATE RAMAN, PANDARI HOUSE, P.O CHEMBUCHIRA, KORECHAL DESOM, MUKUNDAPURAM TALUK THRISSUR DISTRICT.
4. BAIJA W/O.MOHANAN, P.O,.CHEMBUCHIRA KORECHAL DESOM, MUKUNDAPURAM TALUK THRISSUR DISTRICT. R1 & 2 BY ADV. SRI.C.A.MAJEED, SC, THRISSUR DISTRICT CO.OP. BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.29903/2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK. EXHIBIT P2: TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK. EXHIBIT P3: TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 02 03.2012 EXHIBIT P4: TRUE COPY OF THE ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE, THRISSUR DATED 2 11.2012 EXHIBIT P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10 11.2012 RESPONDENTS' EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE tss ANTONY DOMINIC, J ......................................... WP(C)No.29903 of 2012 ......................................... DATED 19 h DECEMBER,2012 JUDGMENT Petitioner's deceased father and 4th respondent, wife of third respondent, who is none other than petitioner's brother, availed two loans from the first respondent, bank. Default was committed by them in the repayment of loan. As a result, the mortgaged properties were proceeded against under SARFAESI Act. Petitioner filed this writ petition because she has inherited interest over the property which is now proceeded against and the prayer in the writ petition is to allow the petitioner to get the loan regularised so that property could be saved by discharging the liability.
2. The standing counsel for the respondents submits that as at present towards the defaulted instalments, Rs.1,10, 676/- is due.
3. The request for regularisation of the loan could be considered only if defaulted dues are cleared. Therefore, I direct that petitioner shall clear the defaulted dues in respect Wpc 29903/12 2 of the loans mentioned above in two equal instalments, first of which shall be paid on or before 5.1.2013 and second instalment shall be paid on or before 5.2.2013. Along with the instalments, current EMI shall also be paid. If the payment is made as above, the loan will be regularised and petitioner will be allowed to pay balance instalments due in terms of the loan agreement. Needless to say that if default is committed, bank will be free to continue recovery proceedings. ANTONY DOMINIC, JUDGE lgk