High Court Kerala High Court

A.M. Ramlath vs State Bank Of Travancore on 4 January, 2008

Kerala High Court
A.M. Ramlath vs State Bank Of Travancore on 4 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 37756 of 2007(T)


1. A.M. RAMLATH, AGED 53,
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. CHIEF MANAGER,

3. AUTHORISED OFFICER/CHIEF MANAGER,

                For Petitioner  :SRI.SHAJI CHIRAYATH

                For Respondent  :SRI.SATHISH NINAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/01/2008

 O R D E R
                     ANTONY DOMINIC, J.
                    ===============
                W.P.(C) NO. 37756 OF 2007 T
              =====================

           Dated this the 4th day of January, 2008

                        J U D G M E N T

Petitioner is a defaulter to the Bank. By Ext.P1 dated

10/10/2007, petitioner was called upon to regularize her account

within seven days of receipt of the letter. Petitioner has

produced Ext.P2 cover and submits that Ext.P1 was received in

Ext.P2 cover and according to her, from the seals on the postal

department, it is obvious that the letter was received by her only

on 5/11/2007. It is contended that in the meantime, on

2/11/2007, Ext.P3 notice under Section 13(2) of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 was issued.

2. The contention is that after having given an

opportunity to the petitioner to regularise her loan account and

without allowing her to take advantage of the same within the

WPC 37756/07
:2 :

time permitted in Ext.P1 itself, the Bank has initiated

securitisation proceedings. According to the petitioner, it is only

on account of the premature action on the part of the Bank that

she could not regularize the account.

3. Standing counsel for the Bank on the other hand

submits that petitioner has been a chronic defaulter and in the

past also, she was given similar opportunity. According to the

standing counsel after regularising the account, availing of the

opportunity that was extended, petitioner committed default and

this compelled the Bank to initiate fresh action as per Ext.P3

notice.

4. There is substance in what the counsel for the

petitioner submits. The fact remains that irrespective of the

previous defaults, Bank has extended the petitioner an

opportunity to regularize her account by Ext.P1. Ext.P1 itself

says that she need regularize the account within seven days of

receipt of Ext.P1, which means that she had time atleast to

13/11/2007 since Ext.P1 was served on the petitioner only on

WPC 37756/07
:3 :

7/11/2007. If that be so, Ext.P3 notice under Section 13(2)

issued on 2/11/2007 is premature.

For the aforesaid reasons, I dispose of this writ petition

directing that it will be open to the petitioner to regularise the

account, as she was called upon in Ext.P1, within seven days

from today, in which event, further proceedings pursuant to

Ext.P3 will stand recalled. It is clarified that if the petitioner fails

to regularise the account as above, it will be open to the Bank to

continue action pursuant to Ext.P3.

ANTONY DOMINIC, JUDGE.

Rp