Sandhya Ajith vs the Authorised Officer

Sandhya Ajith vs The Authorised Officer

Type Court Judgment Court Kerala Decided Oct 12, 2023

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https://sooperkanoon.com/case/1343166

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Citation: sooperkanoon.com/1343166
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Oct 12, 2023
Case Number: WP(C)/6408/2021

Parties & Advocates

Appellant / Petitioner

Sandhya Ajith

Respondent

The Authorised Officer

Excerpt

.....in the interest of justice; ii) issue a writ, order or direction in the nature of mandamus or other appropriate with the directing the respondent not to proceed with further steps pursuant to exhibit p2 and p5 notices. iii) issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the respondent to allow the petitioner pay off the entire amount due to the bank in instalments in the interest of justice. d) issue writ, order or direction allowing the petitioners to recover the full costs incurred for the institution and conduct of this application from the respondents.2. heard both sides.3. upon instructions, the learned counsel for therespondent bank submitted that the total amount due to the bank is rs.26,50,619/- as on today. the bank is agreeable to permit the petitioner to remit the amount in ..3.. 18 instalments. in the above circumstances, the writ petition is disposed of with the following directions:-(i) the petitioner shall remit the total amount of rs.26,50,619/- together with any accrued interest and charges in 18 equal monthly instalments.(ii) the first instalment shall be paid on or before 30.10.2023 and the subsequent instalments shall be paid on the last working day of every succeeding month.(iii) the respondent bank shall accept the loan amount from the petitioner as stated above.(iv) in the event of default of payment of any one instalment, the respondent bank is entitled to proceed in accordance with law.(v) the proceedings initiated under the sarfaesi act against the petitioner shall be kept in abeyance to facilitate repayment as stated above.k.babu judge kkj/13.10.2023 ..4.. appendix of wp(c) 6408/2021 petitioner exhibits exhibit p1 true photocopy of notice dated 16.12.2020 issued by the branch manager. exhibit p2 true photocopy of notice dated 18.12.2020 under sec.13(20. exhibit p3 true photocopy of reply given by the petitioner dated 30.12.2020. exhibit p4 true photocopy of acknowledgement card.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, WP(C) NO. 6408 OF 2021 PETITIONER/S: SANDHYA AJITH AGED 43 YEARS W/O.AJAYAN.J.R. @ AJITH, DUSSAMPARAMBIL, CHANDIROOR, AROOR, ALAPPUZHA-688 537. BY ADV E.M.MURUGAN RESPONDENT/S: THE AUTHORISED OFFICER THE KERALA STATE CO-OPERATIVE BANK, (ERSTWHILE ALAPPUZHA DISTRICT CO-OPERATIVE BANK), REGIONAL OFFICE, PB NO.104, MUNICIPAL TOWN HALL, ALAPPUZHA-688 524. BY ADV SHRI.THOMAS ABRAHAM OTHER PRESENT: THOMAS ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. K.BABU, J ------------------------------------------------- -------------------------------------------------- Dated this the 12th day of October, 2023

JUDGMENT

The prayers in this Writ Petition are as follows: “i) Issue a writ in the nature of mandamus or other appropriate writ directing the respondent to regularaize/restructure the loan account by allowing the petitioner to pay the overdue amounts in instalments in the interest of justice; ii) Issue a writ, order or direction in the nature of mandamus or other appropriate with the directing the respondent not to proceed with further steps pursuant to Exhibit P2 and P5 notices. iii) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the respondent to allow the petitioner pay off the entire amount due to the bank in instalments in the interest of justice. d) Issue writ, order or direction allowing the Petitioners to recover the full costs incurred for the institution and conduct of this application from the respondents.

2. Heard both sides.

3. Upon instructions, the learned counsel for the

respondent Bank submitted that the total amount due to the bank is Rs.26,50,619/- as on today. The Bank is agreeable to permit the petitioner to remit the amount in ..3.. 18 instalments. In the above circumstances, the Writ Petition is disposed of with the following directions:-

(i) The petitioner shall remit the total amount of Rs.26,50,619/- together with any accrued interest and charges in 18 equal monthly instalments.

(ii) The first instalment shall be paid on or before 30.10.2023 and the subsequent instalments shall be paid on the last working day of every succeeding month.

(iii) The respondent Bank shall accept the loan amount from the petitioner as stated above.

(iv) In the event of default of payment of any one instalment, the respondent Bank is entitled to proceed in accordance with law.

(v) The proceedings initiated under the SARFAESI Act against the petitioner shall be kept in abeyance to facilitate repayment as stated above.

K.BABU JUDGE kkj/13.10.2023 ..4.. APPENDIX OF WP(C) 6408/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF NOTICE DATED 16.12.2020 ISSUED BY THE BRANCH MANAGER. EXHIBIT P2 TRUE PHOTOCOPY OF NOTICE DATED 18.12.2020 UNDER SEC.13(20. EXHIBIT P3 TRUE PHOTOCOPY OF REPLY GIVEN BY THE PETITIONER DATED 30.12.2020. EXHIBIT P4 TRUE PHOTOCOPY OF ACKNOWLEDGEMENT CARD DATED 02.01.2021. EXHIBIT P5 RUE PHOTOCOPY OF THE POSSESSION NOTICE DATED 08.03.2021 AFFIXED BY BANK.

Same Court & Year Kerala · 2023 Same Parties Sandhya Ajith vs The Authorised Officer Same Judge Honourable Mr.Justice K. Babu