High Court Kerala High Court

Binukumaran Nair vs The Catholic Syrian Bank Ltd on 11 January, 2010

Kerala High Court
Binukumaran Nair vs The Catholic Syrian Bank Ltd on 11 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11556 of 2009(L)


1. BINUKUMARAN NAIR, SREEDEVI VILASOM,
                      ...  Petitioner

                        Vs



1. THE CATHOLIC SYRIAN BANK LTD,
                       ...       Respondent

2. THE BRANCH MANAGER,CATHOLIC SYRIAN

3. AUTHORISED OFFICER,

                For Petitioner  :SRI.K.L.NARASIMHAN

                For Respondent  :SRI.K.ANAND (A.201)

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :11/01/2010

 O R D E R
               P.R. RAMACHANDRA MENON, J.
                 -----------------------------------------------
                        WP(C) No. 11556 of 2009
                        ------------------------------------
              Dated, this the 11th day of January, 2010


                              J U D G M E N T

The petitioner had availed two housing loans from the first

respondent Bank in the year 2006. Since the petitioner could not satisfy

the liability by effecting instalments on time, the Bank proceeded with

steps under the SAFAESI Act, which is sought to be intercepted in the

present Writ Petition.

2. When the matter came up for consideration before this

Court on 07.04.2009, further proceedings were stayed subject to the

condition that the petitioner deposited a sum of Rs.1.5 lakhs on or

before 30.04.2009 and another Rs.1.5 lakhs on or before 19.05.2009.

The learned counsel for the petitioner submits that the condition

imposed by this Court has already been satisfied. Learned Counsel

appearing for the Bank submits that, but for the payment effected by the

petitioner based on the interim order passed by this Court, no further

amount has been paid by the petitioner. However, considering the

persuasive submissions made by the learned counsel for the petitioner

and also taking note of the nature of the loan and the compliance with

the directions given by this Court, it is found fit and proper to permit the

WP(C) No.11556/2009
2

petitioner to wipe off the entire liability by way of four equal monthly

instalments, the first of which shall be effected on or before the 31st of this

month, to be followed by similar instalments to be effected on or before

the 25th of the succeeding months. Subject to the above, the coercive

steps stated as being pursued against the petitioner shall be kept in

abeyance. It is also made clear that if any default is made by the

petitioner in clearing the liability as above, the respondent Bank will be at

liberty to proceed against the petitioner and his assets for realisation of

the amount in a lump sum by pursuing such steps from the stage where it

stands now.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON
JUDGE
dnc