Kerala High Court
Reena Vaz vs Authorized Officer on 14 January, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WP(C).No.899 OF 2020(J)
PETITIONER/S:
REENA VAZ, AGED 38 YEARS
W/O.ALOYSIUS MICHAEL, URIYARIKUNNU, PUTHIYATHURA,
PULLUVILA P.O., THIRUVANANTHAPURAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/S:
1 AUTHORIZED OFFICER,STATE BANK OF INDIA,
RACPC-II, CHANDRASEKHARAN NAIR STADIUM, PALAYAM,
THIRUVANANTHAPURAM-695 003.
2 THE BRANCH MANAGER, STATE BANK OF INDIA,
POOVAR BRANCH, POOVAR P.O., TRIVANDRUM-695 001.
OTHER PRESENT:
SRI.R.S.KALKURA, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
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W.P.(C).No. 899 of 2020
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Dated this the 14th day of January, 2020
JUDGMENT
The prayers in the above Writ Petition (Civil) are as follows:
"i) To issue a writ of mandamus or any other appropriate writ, order of direction directing the respondents to regularize the loan accounts of the petitioner.
ii) To issue a writ of mandamus or any other appropriate writ, order or direction granting instalments to the petitioner to pay the amount.
iii) Pass such other orders as this Hon'ble court deems fit and proper in the facts and circumstances of the case."
2. Heard Sri.R.Sunilkumar, learned counsel appearing for the petitioner and Sri.R.S.Kalkura, learned counsel appearing for the respondent Canara Bank.
3. Sri.R.S.Kalkura, learned counsel appearing for the respondent Federal Bank submits on the basis of the instructions of his party that the total overdues to be paid by the petitioner in the loan transaction in question for regularization of the said loan account is around Rs. 7,75,000/- as on 14.1.2020 and that the respondent bank is prepared to give reasonable time to the petitioner to clear the said overdues to regularize the loan account to be paid in 5 equal monthly instalments starting from 31.1.2020, provided the petitioner pays all the applicable charges and interest and should also W.P.(C)899/2020 - : 3 :-
pay regular EMIs in time and that until then, coercive steps pursuant to the impugned proceedings shall be kept in abeyance and in case the petitioner commits default of any of the instalments, then the respondent will immediately take further steps in the matter from where it has been stopped. The learned counsel for the petitioner submits that the petitioner may be given 6 monthly instalments to clear the overdues. Due to the persuasion of this Court, the respondent bank does not have serious objection to grant 6 monthly instalments starting from 31.1.2020 and ending on 30.6.2020.
4. Accordingly, the following directions and orders are issued:
(i) The competent official of the respondent bank shall immediately furnish a comprehensive and authenticated statement of account pertaining to the loan transaction in question showing the 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 petitioner shall clear the entire over due amounts with all applicable charges and interest in 6 equal monthly instalments starting from 31.1.2020 and ending on 30.6.2020. Every instalment shall be paid on or before 30 th of the respective months. Until then, further steps pursuant to the impugned proceedings shall be kept in abeyance. Further that the petitioner shall pay the regular EMIs in time, without fail.
W.P.(C)899/2020 - : 4 :-
(iii) Further in case the petitioner does not pay any of the above conditions, then the respondent bank will be at liberty to proceed further with the impugned steps from the stage where it has been stopped.
With these observations and directions, the Writ Petition (Civil) stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
W.P.(C)899/2020 - : 5 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WARRANT ISSUED BY THE
HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM IN CRIMINAL MC NUMBER 1470/2019. EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE COMMISSIONER DATED 31.12.2019.