Kerala High Court
WP(C)/12002/2025 of HARIDASAN. C., Vs CANARA BANK LIMITED, on 8 April 2025
OF 2025 1 2025:KER:31167 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 12002 OF 2025 PETITIONERS: 1 HARIDASAN. C., AGED 49 YEARS S/O. CHATHAN, 4/499, MAYAPPALAM HOUSE, KANJIKODE P.O.,
WP(C) NO. 12002 OF 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 12002 OF 2025
PETITIONERS:
HARIDASAN. C.,
AGED 49 YEARS
S/O. CHATHAN, 4/499, MAYAPPALAM HOUSE, KANJIKODE P.O., PALAKKAD, PIN - 678621
USHA KUMARI. M.,
AGED 41 YEARS
W/O HARIDAS, 4/499, MAYAPPALAM HOUSE, KANJIKODE P.O., PALAKKAD, PIN - 678621
CHATHAN,
AGED 75 YEARS
K, S/O KANDAN, 4/499, MAYAPPALAM HOUSE, KANJIKODE P.O., PALAKKAD, PIN - 678621
BY ADVS.
AAMIR SOHRAB M. M.
UMAMAHESWARY P.M.
ALBIN T.O.
RESPONDENT/S:
CANARA BANK LIMITED,
REPRESENTED BY BRANCH MANAGER,SME BRANCH, KANJIKODE, PALAKKAD, PIN - 678621
AUTHORIZED OFFICER,
CANARA BANK, SME BRANCH, SAFE WAY COMPLEX, PIRIVUSALA, CHANDRANAGAR P.O, PALAKKAD, PIN - 678007
SRI. M.GOPIKRISHNAN NAMBIAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12002 OF 2025
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JUDGMENT
Petitioners have availed several credit facilities from the respondent bank. On default being committed proceedings have been initiated against the petitioners under the provisions of the SARFAESI Act, prompting the petitioners to approach this court, seeking the following reliefs:- “i. Call for all records leading up to the issuance of Exhibit-P2 Exhibit-P3 and Exhibit-P4 notices and to set aside the same forthwith.
ii. To issue a writ of Mandamus directing respondent No.2 to consider and act upon Exhibit-P5 representation.
iii. Grant/issue any other relief/order/direction which the Hon’ble Court deems fit and just in the light of the facts and circumstances of this case.”
2. When this matter is taken up for consideration today (08.04.2025), it is the submission of the learned counsel for the petitioners that though the prayers in the Writ Petition are as above, the petitioners may be permitted to clear the loan liability in some installments.
3. The learned counsel appearing of the Respondent Bank submits that the outstanding liability in the housing loan account availed by the petitioners is Rs.6,02,384/- as on 08.04.2025, while the outstanding liability in respect of the other loans availed by the petitioners is Rs.49,61,376/-. It is submitted that the bank has no objection in granting some reasonable instalments to the petitioners to clear the entire liability. Learned WP(C) NO. 12002 OF 2025
counsel for the respondent bank also submits that the proceedings under the SARFAESI Act are only in respect of the housing loan.
4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in respect of the housing loan in 8 instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the outstanding amount of Rs.6,02,384/- along with any accrued interest, costs and charges from the petitioners in the following manner:
(i) The outstanding amount of Rs.6,02,384/- along with any accrued interest, costs and charges shall be repaid in 8 equated monthly instalments;
(ii) The first instalment shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on or before the last working day of every succeeding months;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(iv) In order to enable the petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance.
WP(C) NO. 12002 OF 2025
It is made clear that this order will only cover the housing loan availed by the petitioners from the respondent bank and will have no applicability in respect of any other loan/loans availed by them. The writ petition is disposed of as above. sd/- GOPINATH P. JUDGE Nsd
WP(C) NO. 12002 OF 2025
APPENDIX OF WP(C) 12002/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ACCOUNT STATEMENT FOR PERIOD BETWEEN 09-08-2015 AND 09-08-2024 ISSUED BY THE RESPONDENTS DATED 09.08.2024 Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY RESPONDENTS BANK, BY NOTICES DATED 24.07.2024 Exhibit P3 A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY RESPONDENTS BANK, BY NOTICE DATED 17.01.2025 Exhibit P4 A TRUE COPY OF THE NOTICE FOR RIGHT OF REDEMPTION ISSUED BY RESPONDENTS BANK, AMOUNT MENTIONED IN THE NOTICE, BEING RS.5,93,640/- (RUPEES FIVE LAKH NINETY THREE THOUSAND SIX HUNDRED FORTY ONLY) BY NOTICE DATED 27.01.2025 Exhibit P5 TRUE COPY OF THE LETTER SEND BY PETITIONER NO.1 AND PETITIONER NO.2 TO THE 2ND RESPONDENTS BANK, DATED 24 02.2025