Kerala High Court
Remya Vijayan vs State Bank Of India on 7 March, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945
WP(C) NO. 6934 OF 2024
PETITIONERS:
1 REMYA VIJAYAN, AGED 35 YEARS
W/O SHERIN P.S., POYYARA SREE VISHNUMAYA MADOM,
NEAR THALAVARI BUS STOP, OPPOSITE AMALA HOSPITAL
ROAD, THRISSUR, PIN - 680545
2 SHERIN P.S
AGED 40 YEARS
S/O P.K. SHANMUGAM, POYYARA SREE VISHNUMAYA
MADOM, NEAR THALAVARI BUS STOP, OPPOSITE AMALA
HOSPITAL ROAD, THRISSUR, PIN - 680545
BY ADVS.
P.M.BINDHUMOL
PAUL PAULSON T.
RESPONDENTS:
1 STATE BANK OF INDIA
RACPC, 1ST FLOOR, STATE BANK BHAVAN,
KOVILAKATHUMPADAM, THIRUVAMBADY PO,
THRISSUR, PIN - 680022
REPRESENTED BY AUTHORISED OFFICER
2 AUTHORISED OFFICER
RACPC, 1ST FLOOR, STATE BANK BHAVAN,
KOVILAKATHUMPADAM, THIRUVAMBADY PO,
THRISSUR, PIN - 680022
BY ADV AMAL GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.6934 of 2024
2
JUDGMENT
Dated this the 7th day of March, 2024 The petitioners are before this Court seeking to permit the petitioners to discharge the liability which is overdue in the loan account reflected in Ext.P1 in 25 monthly instalments, along with regular instalments and to regularise the transactions accordingly.
2. Standing Counsel entered appearance on behalf of the Bank and resisted the writ petition. On behalf of the Bank, the Standing Counsel pointed out that the petitioners had availed a Housing Loan of ₹14.5 lakhs in the year 2015. The total outstanding amount as on 21.02.2024 is ₹17,37,053/-. The overdue amount itself would come to ₹3,96,253/-. The petitioners are not entitled to get any relief, contended the Standing Counsel.
3. Heard.
WP(C) No.6934 of 20243
4. Taking into consideration the fact that the petitioners have taken a Housing Loan and have been making repayments substantially, I am of the view that the petitioners can be granted a breathing time to pay off the overdue amount and seek regularisation of the loan account.
The writ petition is therefore disposed of directing that if the petitioners remit ₹2 lakhs towards the overdue on or before 27.03.2024 and the balance overdue amount along with accrued interest on or before 30.04.2024, then coercive proceedings against the petitioners shall stand deferred. If the petitioners fail to make the payment of overdue as directed above, the Bank will be at liberty to proceed against the petitioners in accordance with law. Once the petitioners clear the overdue amount as directed above, the petitioners can approach the Bank for regularisation of the loan account.
Sd/-
N.NAGARESH JUDGE spk WP(C) No.6934 of 2024 4 APPENDIX OF WP(C) 6934/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RULE 8(1) POSSESSION NOTICE DATED 20-12-2023 ISSUED BY 1ST RESPONDENT BANK