Kerala High Court
OP (DRT)/110/2025 of KAVITHA BALAKRISHNAN, Vs KERALA GRAMIN BANK, on 27 March 2025
O.P (DRT) No.110/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP (DRT) NO. 110 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN SA NO.418 OF 2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
OP (DRT) NO. 110 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.418 OF 2022
OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/S:
KAVITHA BALAKRISHNAN,
AGED 46 YEARS, D/O. LATE BALAKRISHNAPILLAI, SREEKRISHNALAYAM, PERUMBOTTA ROAD, ELAMAKKARA P.O., ERNAKULAM, PIN - 682026
RAMESH KUMAR B.,
AGED 44 YEARS
S/O. BALAKRISHNAPILLAI, SREEKRISHNALAYAM, PERUMBOTTA
ROAD, ELAMAKKARA P.O., ERNAKULAM, PIN - 682026
BY ADV N.K.MOHANLAL
RESPONDENT/S:
KERALA GRAMIN BANK,
REGIONAL OFFICE ERNAKULAM, COSTAL TOWERS, NEAR SAMSKARA
JUNCTION, PIPELINE ROAD, PALARIVATTOM, ERNAKULAM, REP.
BY ITS AUTHORISED OFFICER, PIN - 682025
OTHER PRESENT:
SRI. JAWAHAR JOSE, SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
In respect of loans availed by the petitioners from the respondent bank a settlement was arrived in an Adalat conducted by Debts Recovery Tribunal, Ernakulam. In terms of the settlement the petitioners were supposed to settle the entire liability in respect of all the 3 loans by payment of Rs.25,00,000/- by 20-03-2025. The petitioners paid only a sum of Rs.2,00,000/- and have thereafter approached this Court seeking the following reliefs: “(i) Pass appropriate order quashing Ext.P3 settlement and Award in SA.
(ii) Pass appropriate order to the respondent to permit the petitioner to close the loan liability by 30-06-2025; alternatively for remittance of loan amount in 20 equal monthly instalments.”
(b) To set aside Annexure Al possession notice dated 14/02/2020 and Annexure A2 sale notice dated 18/07/2022 respectively as the same are not in accordance with the provisions of the SARFAESI Act, Rules and other relevant laws.”
2. The learned counsel for the respondent bank submits that the settlement arrived at the Adalat cannot be set aside in a proceedings under Article 227 of the Constitution of India. It is submitted that since the petitioners have failed to remit the amount in terms of the settlement arrived at, the settlement stands cancelled. It is submitted that the present outstanding as on 27-03-2025 is Rs.28,84,828/-. It is submitted that the bank has no objection in some instalments being granted to the petitioners to pay off Rs.28,84,828/- together with any accrued interest, bank charges and costs.
3. The learned counsel for the petitioners submits that the petitioners will remit a sum of Rs.5,00,000/- within two weeks from today and the balance amount may be permitted to be paid in two instalments.
4. The learned counsel for the respondent bank has no objection to the proposal of the learned counsel for the petitioners.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the amount of Rs.28,84,828/- along with interest, bank charges and costs from the petitioners in the following manner:
(i) The petitioners shall pay an amount of Rs.5,00,000/- within a period two weeks from today (27-03-2025) and the balance amount of Rs.23,84,828/- together with any accrued interest, bank charges and costs shall be repaid in two equated monthly instalments;
(ii) The first instalment shall be paid on or before 30-05-2025 and second instalment shall be paid on or before 30-06-2025;
(iii) In the event of default, the respondent bank shall be entitled to proceed in accordance with the law;
(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF OP (DRT) 110/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF S A 418/2022 OF DRT-I, ERNAKULAM DATED 25/8/2022 WITHOUT DOCUMENTS Exhibit P2 A TRUE COPY WRITTEN STATEMENT IN S A 418/2022 FILED BY RESPONDENT BEFORE DRT-I, ERNAKULAM DATED 12/9/2022 WITHOUT DOCUMENTS Exhibit P3 A TRUE COPY OF TERMS OF COMPROMISE AND AWARD OF LOK ADALAT DATED 13/12/2024 WITH TYPED COPY