Kerala High Court
Nijo Silvester Lopas vs State Bank Of India on 26 February, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940
WP(C).No. 5688 of 2019
PETITIONERS:
1 NIJO SILVESTER LOPAS
AGED 35 YEARS
S/O.LATE SILVESTER NECHOLOSE LOPAS, THYVILAKOM HOUSE,
MURUKKUMPUZHA.P.O, THIRUVANANTHAPURAM DISTRICT, NOW RESIDING
AT 'NEON', KOTTARAKARI, MURUKKUMPUZHA.P.O, THIRUVANANTHAPURAM
DISTRICT, PIN-695302.
2 JUDY.S.LOPAS,
AGED 59 YEARS
W/O.LATE SILVESTER NECHOLOSE LOPAS, THYVILAKOM HOUSE,
MURUKKUMPUZHA.P.O, THIRUVANANTHAPURAM DISTRICT, NOW RESIDING
AT 'NEON' KOTTARAKARI, MURUKKUMPUZHA.P.O., THIRUVANANTHAPURAM
DISTRICT, PIN-695302.
3 NISHA SILVESTER LOPAS,
AGED 32 YEARS
D/O.LATE SILVESTER NECHOLOSE LOPAS, THYVILAKOM HOUSE,
MURUKKUMPUZHA.P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695302.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS:
1 STATE BANK OF INDIA
RACPC-1, LMS COMPOUND, THIRUVANANTHAPURAM DISTGRICT-695001.
2 THE AUTHORISED OFFICER,
(CHIEF MANAGER), STATE BANK OF INDIA, RACPC-1, LMS COMPOUND,
THIRUVANANTHPAURAM DISTRICT-695001.
OTHER PRESENT:
SRI.R.S.KALKURA-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5688 of 2019
2
JUDGMENT
The petitioners pray that a loan facility, availed of them from the respondent - Bank, be permitted to be paid off in installments.
2. Sri.R.S.Kalkura, the learned standing counsel for the respondent Bank submits, that the total liability in the account is Rs.6,88,010/- as on today and that if the petitioners pay Rs.1 lakh immediately, the Bank will allow them to pay off the balance in 9 installments.
3. Sri.P.Anoop, the learned counsel for the petitioners submits that his clients are agreeable to the above offer, but informs this Court that a few minutes after this writ petition was filed before this Court, physical possession of the property was taken and he therefore, prays that, on his clients paying Rs.1 lakh as afore suggested, the Bank be directed to give them back physical possession of the property and that they undertake that if they commit default of any of the installments, as may be permitted by this Court, they will surrender vacant possession of the property to the Bank, without they having to invoke the judicial processes for such purposes.
4. In the afore circumstances, I order this writ petition WP(C).No. 5688 of 2019 3 and direct the petitioners to pay Rs.1 lakh within a period of two weeks from today, in which event, the Bank will permit them to pay the balance outstanding in the account, along with all applicable charges and interest, in 9 installments commencing from 28.03.2019. On the petitioners making payment of Rs.1 lakh as ordered herein, the Bank will give back possession of the secured asset to them, on their executing an undertaking before the Bank that they will surrender vacant possession of the same if they commit default in payment of the installments as ordered above.
5. Needless to say, if for any reason the petitioners commit default of payment of the installments as ordered herein, they will be obligated to give back vacant possession of the property by handing over its keys to the Bank on the next day after the 1st default is committed by them and I caution them that since this indulgence is being shown to them under Article 226 of the Constitution of India, their failure to do so will visit them with full consequences under the Contempt of Courts Act.
Sd/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No. 5688 of 2019
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WARRANT DATED 26/10/2018
ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONERS.