High Court Kerala High Court

E.G.Bindu vs The State Bank Of India on 20 August, 2010

Kerala High Court
E.G.Bindu vs The State Bank Of India on 20 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26158 of 2010(T)


1. E.G.BINDU, W/O.RAJAMANICKAN ,AGED 36
                      ...  Petitioner

                        Vs



1. THE STATE BANK OF INDIA
                       ...       Respondent

                For Petitioner  :SRI.JACOB SEBASTIAN

                For Respondent  : No Appearance

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

 Dated :20/08/2010

 O R D E R
                  P.R.RAMACHANDRA MENON, J
                     --------------------------------------------
                      WP(C) NO. 26158 OF 2010
                     --------------------------------------------
             Dated this the 20th day of August, 2010

                                 JUDGMENT

The petitioner availed a term loan of Rs.1.4 lakhs and a cash credit

facility of nearly Rs.2.2 lakhs in the year 2008, creating security interest

over the property, in connection with the business of the petitioner, but the

repayment could not be effected on time as scheduled, in view of the

sudden down fall of the business. This made the petitioner a defaulter;

under which circumstance, the Bank proceeded with steps under the

SARFAESI Act, which in turn is under challenge in this Writ Petition.

2. The learned counsel for the petitioner submits that the

petitioners does not intend to press any of the grounds nor does she

intend to avail the statutory remedy under Section 17 of the Act; however

praying to have the loan account regularized and rescheduled, permitting

the petitioner to clear the liability by way of reasonable instalments. The

learned counsel appearing for the Bank submits on instructions that,

because of the particular nature of the transaction and also extent of

defaults, the relief sought for to have the loan rescheduled is not possible

to be entertained. Taking note of the submissions made by the learned

counsel for the petitioner and for the Bank, this Court permits the

petitioner to clear the outstanding liability by way of reasonable

2
WP(C) No. 26158/2010

instalments. Accordingly, the petitioner is directed to clear the entire

liability, which is stated as nearly 3.97 lakhs with further interest and cost, if

any, by way of `six’ equal monthly instalments, the first of which shall be

effected on or before the 20th of September, 2010, to be followed by similar

instalments to be effected on or before the 20th of the succeeding months.

Subject to this, the recovery proceedings stated as being pursued against

the petitioner shall be kept in abeyance for the time being. It is made clear

that, if any default is committed by the petitioner in satisfying the liability as

above, the respondent will be at liberty to proceed with further steps for

realization of the entire amount in a lump sum.

The Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON
JUDGE
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