Kerala High Court
P.K.Abdul Salam vs State Bank Of India on 23 September, 2020
Equivalent citations: AIRONLINE 2020 KER 651
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942
WP(C).No.764 OF 2020(U)
PETITIONER/S:
1 P.K.ABDUL SALAM,AGED 52 YEARS
S/O.KOYA, HOUSE NO.CC1/1337, K.B.JACOB ROAD,
NJALIPARAMBU, FORT KOCHI-682011, NOW RESIDING AT
CC.12/808 A, KAPPALANDIMUKKU, MATTANCHERRY-682002.
2 FASILA ABDUL SALAM, AGED 45 YEARS, W/O.P.K.ABDUL
SALAM, HOUSE NO.CC1/1337, K.B.JACOB ROAD,
NJALIPARAMBU, FORT KOCHI-682011, NOW RESIDING AT
CC.12/808 A, KAPPALANDIMUKKU, MATTANCHERRY-682002.
BY ADVS.
SMT.C.G.PREETHA
SRI.P.E.THOMAS
RESPONDENT/S:
1 STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH
MANAGER, MATTANCHERRY, KANDATHIL COMPLEX, P.T.JACOB
ROAD, THOPPUMPADY, KOCHI-682005.
2 THE AUTHORISED OFFICER, STATE BANK OF INDIA, RETAIL
ASSETS CENTRAL PROCESSING CENTRE - 2, (RACPC-2),
SBT AVENUE, PANAMPILLY NAGAR, ERNAKULAM-682036.
OTHER PRESENT:
SRI.JITHESH MENON, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.9.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
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W.P.(C).No. 764 of 2020
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Dated this the 23rd day of September, 2020
JUDGMENT
The prayers in the above Writ Petition (Civil) are as follows:
"i) To direct the respondents to regularise the loan account of the petitioners by permitting them to make monthly instalment payments and on regularising the loan account to restore possession of the vehicle to them.
ii) Direction to the 2nd respondent to consider and pass orders on Exhibit P5 and till then not to proceed with the sale.
iii) Any other reliefs which this Hon'ble Court may deem fit and proper to grant the facts and circumstances of the case. "
2. Heard Sri.P.E.Thomas, learned counsel appearing for the petitioner and Sri.M.Jithesh Menon, learned counsel appearing for the respondents (State Bank of India).
3. Smt.C.G.Preetha, learned counsel appearing for the respondent State Bank of India would now submit on the basis of the instructions of the party that since the petitioner has committed default in clearing the car loan arrears in question the vehicle has been seized, there is no question of regularization of such a loan account and that the total outstanding dues to be cleared by the petitioner as on today (23.9.2020) is Rs.4,71,993/- for closure of the loan account and that the respondent State Bank of India is prepared to give the petitioner one last opportunity to clear the outstanding W.P.(C).764/20 - : 3 :-
dues for closure of the loan account by paying such outstanding dues in six monthly instalments and that until the expiry of the said time limit, further coercive steps will be kept in abeyance, subject to the petitioner not committing any default for payment of the monthly instalments. Further that, on the petitioner paying the first instalment, the custody of the seized vehicle will be given to him provisionally subject to necessary conditions that may be imposed by this Court that the petitioner shall not alienate or transfer the said vehicle until the closure of the loan account.
4. Sri.P.E.Thomas, learned counsel appearing for the petitioner submits that in view of the financial difficulties and hardships caused on account of the Covid-19 pandemic issues, this Court may order that the total outstanding dues will be cleared by the petitioner in 9 equal monthly instalments. On being queried as to the stand of the respondent Bank on the said limited submission made by the petitioner, it appears that the respondent bank does not have any serious objection to the said course of action.
5. Accordingly, the following directions and orders are passed;
(i) The petitioner will clear the entire outstanding dues of the said car W.P.(C).764/20 - : 4 :-
loan account in 9 equal monthly instalments, first of which shall be paid on or before 30.10.2020 and further monthly instalments will be payable on or before 30th of every succeeding month.
(ii) Subject to the above conditions, it is ordered that the respondent bank shall not proceed further with the impugned proceedings for recovery of the amounts due as against the petitioner in relation to the car loan account in question until the expiry of the abovesaid time limit. However, in case the petitioner defaults in making any one of the monthly instalments as aforesaid, then the respondent Bank will be at liberty to immediately proceed with the impugned proceedings from the stage where it has stopped.
(iii) Further, in case the petitioner pays the abovesaid first instalment, then the respondent Bank will immediately give provisional custody of the seized vehicle to the petitioner subject to the condition that the petitioner will swear to an affidavit undertaking that he will not alienate, transfer or encumber the said vehicle without the express permission in writing by the respondent State Bank of India. The petitioner will also give an undertaking before the registration authority concerned under the Motor Vehicles Act, 1988 (RTO concerned) stating that he will not transfer, encumber or alienate the said vehicle without the permission of the respondent State Bank of India.
With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
W.P.(C).764/20 - : 5 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE STATEMENT WITH RESPECT TO
LOAN ACCOUNT NO.33732863982 FOR THE PERIOD 14.3.2014 TO 25.11.2019.
EXHIBIT P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 5.11.2019. EXHIBIT P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 25.11.2019. EXHIBIT P4 THE TRUE COPY OF THE PAY IN SLIPS EVIDENCING THE REMITTANCE OF RS.1,50,000/- AND RS.74,000/- TOWARDS LOAN ACCOUNT NO.33732863982.
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 7.1.2020.
EXHIBIT P6 THE TRUE COPY OF THE STATEMENT OF ACCOUNT FURNISHED BY THE BANK TO THE 1ST PETITIONER DATED 27/2/2020 EXHIBIT P7 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 07/03/2020 EXHIBIT P8 THE TRUE COPY OF THE WRITTEN UNDERTAKING SUBMITTED BY 1ST PETITIONER BEFORE THE TRANSPORT OFFICER DATED 7/3/2020 EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 06/03/2020