Anu Sunilkumar vs The Trichur Urban Co-Operative Bank Ltd

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Kerala High Court

Anu Sunilkumar vs The Trichur Urban Co-Operative Bank Ltd

Bench: A.M.Shaffique

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

              THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

     FRIDAY, THE 16TH DAY OF DECEMBER 2016/25TH AGRAHAYANA, 1938

                    WP(C).No. 39552 of 2016 (T)
                    ----------------------------


PETITIONER(S):
-------------

            ANU SUNILKUMAR
            W/O.SUNIKUMAR, KANJIRA HOUSE,
            KOONANMOOLA MADAM VIA, PONNOOKKARA.P.O.,
            THRISSUR.680 306.


            BY ADV. SMT.E.V.MOLY

RESPONDENT(S):
--------------

            THE TRICHUR URBAN CO-OPERATIVE BANK LTD.
            HEAD OFFICE MISSION QUARTERS,
            P.O.NO.86, THRISSUR-680 001,
            REPRESENTED BY ITS AUTHORIZED OFFICER.


             BY SRI.C.D.DILEEP,SC,TRICHUR URBN CO-OPBAN

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION
       ON  16-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:



MLG

WP(C).No. 39552 of 2016 (T)
----------------------------


                              APPENDIX


PETITIONER(S)' EXHIBITS
-----------------------


EXHIBIT P1     TRUE COPY OF THE SALE NOTICE PUBLISHED IN MALAYALA
              MANORAMA NEWS PAPER DATED 15.11.16.


RESPONDENT(S)' EXHIBITS   NIL
-----------------------


                                               //TRUE COPY//




                                                P.S TO JUDGE



MLG



                           A.M.SHAFFIQUE, J.
                     ------------------------------------
                        W.P.(C).No.39552 of 2016
                       -----------------------------------
               Dated this the 16th day of December, 2016

                              J U D G M E N T

Petitioner has approached this Court being faced with proceedings initiated by the respondent Bank under the SARFAESI Act.

2. Petitioner is a co-borrower for a loan for `20 lakhs taken from the respondent Bank in the year 2014. The petitioner could not repay the monthly instalments in time on account of certain financial difficulties. In the meantime, proceedings had been taken by the respondent Bank under the SARFAESI Act.

3. Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the outstanding dues in instalments and will also pay the regular instalments if some time is granted.

4. Having regard to the fact that the petitioner had expressed her willingness to repay the amount in instalments, I am of the view that some indulgence can be shown to the petitioner.

Accordingly, this writ petition is disposed of as under:

(i) The petitioner shall pay the overdue amount within three months from toady.

(ii) In addition to payment of the aforesaid amount, petitioner shall also remit monthly instalments as per the agreed terms.

W.P.(C).No.39552 of 2016 2

(iii) If there is default in payment of any of the aforesaid amounts, it shall be open for the respondent Bank to take such steps in accordance with law.

Sd/-

A.M.SHAFFIQUE, JUDGE.

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