Kerala High Court
Baburaj A.K vs State Bank Of India on 6 February, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
WP(C).No.3200 OF 2020(Y)
PETITIONERS:
1 BABURAJ A.K.,
AGED 57 YEARS
S/O. LATE KRISHNANKUTTY, ADVOCATE, 20/313, SANKARA
IYAR ROAD, POOTHOLE POST, THRISSUR - 680 003
2 V.B. SHEEBA
AGED 47 YEARS
W/O. BABURAJ A.K., 20/313, SANKARA IYAR ROAD,
POOTHOLE POST, THRISSUR - 680 003
BY ADV. SRI.R.SREEHARI
RESPONDENTS:
1 STATE BANK OF INDIA,
REPRESENTED BY ITS AUTHORISED OFFICER (CHIEF
MANAGER), RACPC, 2ND FLOOR, WEST PALLITHANAM
BUILDING, SHREE VADAKKUMNATHAN SHOPPING COMPLEX,
THRISSUR - 680 020
2 STATE BANK OF INDIA
VILANGAN-AMALA BRANCH, AMALANAGAR, THRISSUR - 680 555
REPRESENTED BY ITS BRANCH MANAGER
3 ASSISTANT GENERAL MANAGER
STATE BANK OF INDIA, RASMECC, WEST PALLITHANAM
BUILDING, SHREE VADAKKUMNATHAN SHOPPING COMPLEX,
THRISSUR - 680 020
4 ASSISTANT GENERAL MANAGER (CUSTOMER SERVICE)
STATE BANK OF INDIA, WEST PALLITHANAM BUILDING, SHREE
VADAKKUMNATHAN SHOPPING COMPLEX, THRISSUR - 680 020
SRI.JAYESH MOHANKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.3200/2020 2
ALEXANDER THOMAS, J.
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W.P.(C) No. 3200 of 2020
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Dated this the 6th day of February, 2020
JUDGMENT
The prayers in the above Writ Petition (Civil) are as follows:-
"(a) Issue a Writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to consider Exhibit P11 representation and pass orders within a specified period;
(b) Issue a Writ of Mandamus or other appropriate writ, order or direction, directing the first respondent to allow the petitioners to pay the entire outstanding arrears so as to regularise the loan account at the earliest."
2. Heard Sri. R. Sreehari, learned counsel appearing for the petitioners and Sri.Jayesh Mohankumar, learned Standing Counsel appearing for the respondents State Bank of India.
3. Sri. Jayesh Mohankumar, learned Standing Counsel appearing for the respondents State Bank of India would submit on the basis of instructions of his party that the two loans are involved in this case, one is the housing loan and the latter is the education loan and the over dues to be cleared by the petitioners as of now for regularisation of the housing loan account comes to Rs.11,000/- and whereas the over dues to be cleared as of now (6.2.2020) for regularisation of the education loan account comes to Rs.2,98,000/-. The respondent bank is now prepared to give the petitioners one last opportunity to clear the over dues, W.P.(C)No.3200/2020 3 subject to the condition that the petitioners should clear the over dues of the housing loan account on or before 29.2.2020 and the petitioners should clear the over dues of the education loan, subject to the condition that the petitioners should pay not less than Rs.50,000/- (Rupees fifty thousand only) on or before 15.3.2020 and in case the petitioners comply the above said condition, then the respondent bank will give the petitioners further time to clear the balance over dues in three equal monthly instalments, first of which shall be payable on or before 30.4.2020 and the 2nd instalment shall be payable on or before 31.5.2020 and the 3rd and the last instalment shall be payable on or before 30.6.2020, provided the petitioners should pay all the applicable charges and interest thereon and should also pay the regular EMIs in time and also provided that the petitioners withdraw the complaint filed against the respondent bank in respect of the above said loan transactions, which is pending before the Trhissur District Consumer Redressal Forum, as Consumer Complaint No.378/2019. Further that in case the petitioners default any one of the said instalments including regular EMIs, then the respondent bank will be constrained to proceed further with the impugned proceedings from the stage where it has stopped.
Taking note of the abovesaid submissions made on behalf of of the respondent bank, the following directions and orders are passed:
(i) The competent official of the respondent bank shall furnish a comprehensive and authenticated statement of accounts pertaining to the loan transaction in question showing the W.P.(C)No.3200/2020 4 precise details thereof and the total dues to be cleared by the borrower as on the date of issuance of the said statement.
(ii) The petitioners will clear the over dues of the housing loan account on or before 29.2.2020 and the petitioners should clear the over dues of the education loan, subject to the condition that the petitioners should pay not less than Rs.50,000/- (Rupees fifty thousand only) on or before 15.3.2020 and in case the petitioners comply the above said condition, then the respondent bank will give the petitioners further time to clear the balance over dues in three equal monthly instalments, first of which shall be payable on or before 30.4.2020 and the 2 nd instalment shall be payable on or before 31.5.2020 and the 3rd and the last instalment shall be payable on or before 30.6.2020, provided the petitioners should pay all the applicable charges and interest thereon and should also pay the regular EMIs in time and also provided that the petitioners should withdraw the complaint filed against the respondent bank in respect of the above said loan transactions, which is pending before the Trhissur District Consumer Redressal Forum, as Consumer Complaint No.378/2019.
(iii) In case the petitioners comply with all the abovesaid conditions and clear the entire dues as aforestated, then the respondent bank may take necessary steps to ensure that the loan account of the petitioners is regularised and until then further steps pursuant to the impugned proceedings shall be kept in abeyance by the respondent-Bank.
(iv) On the other hand, if the petitioners commit default of any one of the instalments, then the benefit of the abovesaid directions will stand automatically vacated without any further orders of W.P.(C)No.3200/2020 5 this Court, in which case, the respondent bank will be at liberty to proceed further with the impugned steps from the stage where it has stopped. In such an eventuality it is also ordered that the petitioners will have to give up all their contentions that are otherwise available to them to be raised in appropriate proceedings before the competent fora.
With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
sd/-
ALEXANDER THOMAS, JUDGE acd W.P.(C)No.3200/2020 6 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTO COPY OF SBI STUDENT LOAN SCHEME EXHIBIT P2 PHOTO COPY OF THE LETTER DT. 26-06-2019 ISSUED BY THE PRINCIPAL, KANNUR MEDICAL COLLEGE EXHIBIT P3 PHOTO COPY OF THE NOTICE ISSUED U/S.13 OF THE SARFAESI ACT DATED 30-01-2019 EXHIBIT P4 PHOTO COPY OF REPLY DATED 09-02-2019 FILED BEFORE THE 3RD RESPONDENT EXHIBIT P5 PHOTO COPY OF JUDGMENT IN WP(C) NO.7008/2019 DT.8-3-2019 OF THIS COURT EXHIBIT P6 PHOTO COPY OF JUDGMENT IN WP(C) NO.8023/2019 DT.19-03-2019 OF THIS COURT EXHIBIT P7 PHOTO COPY OF PETITION CC 378/2019 OF THRISSUR DISTRICT CONSUMER COURT EXHIBIT P8 PHOTO COPY OF THE ORDER PASSED IN IA 117/2019 IN CC 378/2019 OF CONSUMER DISPUTE REDRESSAL FORUM THRISSUR DT.05-07-2019 EXHIBIT P9 PHOTO COPY OF THE ORDER PASSED IN WP(C) NO.21128/2019 DATED 02-08-2019 OF THIS COURT EXHIBIT P10 PHOTO COPY OF THE LETTER DATED 25-11-2019 ISSUED BY THE MANAGER RESERVE BANK OF INDIA WITH ENCLOSURE EXHIBIT P11 PHOTO COPY OF THE PETITION DATED 11-12-2019 FILED BEFORE THE 3RD RESPONDENT EXHIBIT P12 PHOTO COPY OF THE POSSESSION NOTICE DATED 29-01-2020 ISSUED BY THE 1ST RESPONDENT