Kerala High Court
Suby Rajan vs Union Bank Of India on 8 June, 2012
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 6TH DAY OF MARCH 2017/15TH PHALGUNA, 1938
WP(C).No. 7343 of 2017 (P)
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PETITIONER(S):
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1. SUBY RAJAN,
W/O.LATE RAJAN T.A, THALIYACHIRA HOUSE,
VELIYANAD P.O., ERNAKULAM.682 319.
2. ABE RAJAN,
S/O.LATE RAJAN T.A, THALIYACHIRA HOUSE,
VELIYANAD P.O., ERNAKULAM.682 319.
BY ADV. SRI.S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S):
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1. UNION BANK OF INDIA,
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
225/C, BACKBAY RECLAMATION, NARIMAN POINT, MUMBAI.
2. CHIEF MANAGER & AUTHORIZED OFFICER,
UNION BANK OF INDIA, ZAC COMPLEX,
KODIMATHA, KOTTAYAM, KERALA.686 013.
3. BRANCH MANAGER
UNION BANK OF INDIA, ZAC COMPLEX,
KODIMATHA, KOTTAYAM, KERALA.686 013.
BY SRI.A.S.P.KURUP, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 7343 of 2017 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE DISCHARGE SUMMARY OF ADV.RAJAN T.A
DATED 08.06.2012 ISSUED BY THE LAKE SHORE HOSPITAL,
ERNAKULAM.
EXHIBIT P2 COPY OF THE MEDICAL CERTIFICATE DATED 09.09.2015
ISSUED BY THE MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL
COLLEGE HOSPITAL, KOLENCHERY, ERNAKULAM.
EXHIBIT P3 COPY OF THE SEC.13(2) NOTICE DATED 27.04.2016 ISSUED
BY THE RESPONDENT BANK.
EXHIBIT P4 NOTICE DATED 22.02.2017 FOR DISPOSSESSION ISSUED BY
THE ADVOCATE COMMISSIONER SMT. ANJU THOMAS UNDER THE
ORDERS OF THE HON'BLE CJM, ERNAKULAM.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.A.TO JUDGE
K.V.
K. VINOD CHANDRAN, J.
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W.P.(C) No. 7343 of 2017 (P)
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Dated: 6th March, 2017
J U D G M E N T
The petitioners availed a housing loan and an agricultural loan from the respondent Bank. On default being committed the respondent initiated proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI' for short) against the property of the petitioners.
2. The liability and the default are admitted. The learned Counsel for the petitioners submits that the petitioner's husband expired in the month of January, 2017 and hence the default occurred. Considering the facts of the case and the alleged impecunious circumstances of the petitioners, this writ petition is disposed of on the following terms. W.P.(C) No. 7343/2017 -2-
(i) The total defaulted arrears is said to be nearly Rs.1,50,000/- in housing loan and Rs.5,10,000/- in the agricultural loan.
(ii) The respondent shall grant fifteen monthly instalments for the payment of the arrears in both the loans, starting from 06.04.2017, which shall be paid along with the regular EMIs for the housing loan.
(iii) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(iv) On the petitioner making two defaults in repaying either the instalments or the regular EMIs, the recovery steps initiated shall revive and continue.
(v) The respondent shall issue a statement of the future interest accrued on the defaulted arrears every three months and the same shall be paid along with the next month's instalment, as granted by this Court, and W.P.(C) No. 7343/2017 -3- after satisfaction of the arrears, as the 16th instalment.
(vi) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable and the petitioner allowed regularisation by permitting EMI remittance in the housing loan as per the original agreement.
The Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 6/3/17