High Court Kerala High Court

Smt.Blossom Sabu vs The Authorised Officer on 25 August, 2008

Kerala High Court
Smt.Blossom Sabu vs The Authorised Officer on 25 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25442 of 2008(D)



1. SMT.BLOSSOM SABU
                      ...  Petitioner

                        Vs

1. THE AUTHORISED OFFICER, VIJAYA BANK,MATT
                       ...       Respondent

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :25/08/2008

 O R D E R
                          S.SIRI JAGAN, J.
                    ==================
                    W.P.(C).No.25442 of 2008
                    ==================
              Dated this the 25th day of August, 2008
                          J U D G M E N T

The petitioner is a defaulter in repayment of loan amount

due from her to the Vijaya Bank. The bank has initiated

proceedings under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002,

for coercive recovery, which is under challenge in this writ

petition. The petitioner does not dispute the liability to pay or the

quantum, although the petitioner would submit that certain

payments made are not being duly credited to her account. The

petitioner now confines her relief for a direction to the bank to

permit the petitioner to pay the amounts in instalments.

2. This is opposed by the standing counsel for the Bank.

He would submit that more than nine lakhs rupees is due from

the petitioner and the bank has already taken possession of the

security interest also.

3. After hearing both sides, I feel that a lenient attitude

can be taken in the matter, to enable the petitioner to pay off the

amounts in instalments on conditions. Accordingly, this writ

petition is disposed of as follows:

The petitioner shall pay an amount of Rs.3 lakhs within one

w.p.c.25442/08 2

month from today. On payment of the same, the petitioner

would be put back in possession of the building. The balance

amount shall be paid in six equal monthly instalments starting

from 1.11.2008. Every subsequent instalment shall be paid on

the first working day of every succeeding month. If the petitioner

pays the initial amount and the instalments in time, coercive

proceedings shall be kept in abeyance. However, if the petitioner

commits default in payment of the initial amount or any of the

instalments, it would be open to the respondent to continue the

proceedings as now initiated without having to issue any fresh

notice or proceedings in that regard. In that event, the petitioner

shall voluntarily surrender possession of the property to the bank

without any objection whatsoever, failing which the petitioner

would be liable for contempt proceedings for violation of the

above directions. It would be open to the petitioner to approach

the bank for the benefits under the One Time Settlement

Scheme, if available, and the bank shall consider the same in

accordance with the bank’s policies and guidelines in that regard.

Sd/-

sdk+                                        S.SIRI JAGAN, JUDGE
             ///True copy///

                            P.A. to Judge

w.p.c.25442/08    3