Nithya. C vs Authorised Officer Under Sarfaesi Act 2002

Type Court Judgment Court Kerala Decided Apr 03, 2023

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Citation: sooperkanoon.com/1352086
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Apr 03, 2023
Case Number: WP(C)/11882/2023

Parties & Advocates

Appellant / Petitioner

Nithya. C

Respondent

Authorised Officer Under Sarfaesi Act 2002

Excerpt

.....c aged 41 years w/o. sujith. a, cheruvadathil house, alikeezh, narath po, kolachery, kannur., pin - 673592 2 sujith. a aged 45 years cheruvadathil house, alikeezh, narath po, kolachery, kannur, pin - 673592 by adv rahul s. respondent: authorised officer under sarfaesi act 2002 the kerala state co-operative bank ltd, kannur regional office, kannur district, kerala, pin - 670001 by adv m.sasindran this writ petition (civil) having come up for admission on 03.04.2023, the court on the same day delivered the following: wp(c) no. 11882 of 2023 2t.r. ravi, j.w.p.(c).no.11882 of 2023 dated this the 3rd day of april, 2023judgmentthe prayer in the writ petition is to permit the petitioners to pay off the overdue amounts in the loan account availed from the respondent in easy instalments and to regularise the loan account. the standing counsel on instructions submits that the overdue amount is rs.7,66,778/-. in the above circumstances, the writ petition is disposed of directing the petitioners to pay off the overdue amount of rs.7,66,778/- in 15 equal monthly instalments, the first instalment falling due on or before 03.05.2023 and the subsequent instalments falling due on or before the 3 rd of the succeeding months. the petitioners shall also pay the regular monthly instalments along with the instalments towards the overdue amount as stated above. if the petitioners pay the entire overdue amount, the respondent shall regularise the loan account. if the petitioners make a single default in the payment of instalments, the respondent will be at liberty to continue with coercive steps for recovery. the coercive steps initiated wp(c) no. 11882 of 2023 3 shall be kept in abeyance to facilitate the payment of instalments as directed above. sd/- t.r.ravi judge lek wp(c) no. 11882 of 2023 4 appendix of wp(c) 11882/2023 petitioner exhibits exhibit p1 true copy of the possession notice dated 28-02-2023 exhibit p2 true copy of the possession notice dated 10-03-2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945 WP(C) NO. 11882 OF 2023 PETITIONERS: 1 NITHYA. C AGED 41 YEARS W/O. SUJITH. A, CHERUVADATHIL HOUSE, ALIKEEZH, NARATH PO, KOLACHERY, KANNUR., PIN - 673592 2 SUJITH. A AGED 45 YEARS CHERUVADATHIL HOUSE, ALIKEEZH, NARATH PO, KOLACHERY, KANNUR, PIN - 673592 BY ADV RAHUL S. RESPONDENT: AUTHORISED OFFICER UNDER SARFAESI ACT 2002 THE KERALA STATE CO-OPERATIVE BANK LTD, KANNUR REGIONAL OFFICE, KANNUR DISTRICT, KERALA, PIN - 670001 BY ADV M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11882 OF 2023 2
T.R. RAVI, J.
W.P.(C).No.11882 of 2023 Dated this the 3rd day of April, 2023

JUDGMENT

The prayer in the writ petition is to permit the petitioners to pay off the overdue amounts in the loan account availed from the respondent in easy instalments and to regularise the loan account. The Standing Counsel on instructions submits that the overdue amount is Rs.7,66,778/-. In the above circumstances, the writ petition is disposed of directing the petitioners to pay off the overdue amount of Rs.7,66,778/- in 15 equal monthly instalments, the first instalment falling due on or before 03.05.2023 and the subsequent instalments falling due on or before the 3 rd of the succeeding months. The petitioners shall also pay the regular monthly instalments along with the instalments towards the overdue amount as stated above. If the petitioners pay the entire overdue amount, the respondent shall regularise the loan account. If the petitioners make a single default in the payment of instalments, the respondent will be at liberty to continue with coercive steps for recovery. The coercive steps initiated WP(C) NO. 11882 OF 2023 3 shall be kept in abeyance to facilitate the payment of instalments as directed above. Sd/- T.R.RAVI JUDGE LEK WP(C) NO. 11882 OF 2023 4 APPENDIX OF WP(C) 11882/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 28-02-2023 Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 10-03-2023

Same Court & Year Kerala · 2023 Same Parties Nithya. C vs Authorised Officer Under Sarfaesi Act 2002 Same Judge Honourable Mr. Justice T.R.Ravi