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High Court of KeralaWP(C)/33682/2015disposed of

Solomon Lopez v. The Canara Bank

2015-11-06Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 WP(C).No. 33682 of 2015 (I) ---------------------------- PETITIONER :

---------------------- SOLOMON LOPEZ S/O. PETER LOPEZ, AGED 47 YEARS RESIDING AT PADIKKAPARAMBU HOUSE PAMBAYIMOOLA, EDAKOCHI, ERNAKULAM DISTRICT.

BY ADVS.SRI.T.MADHU SRI.B.S.SURAJ KRISHNA RESPONDENT(S) :

----------------------------

1. THE CANARA BANK FORTKOCHI BRANCH, KUNNUMPURAM JUNCTION COCHIN - 682 001, REPRESENTED BY ITS CHIEF MANAGER.

2. THE AUTHORIZED OFFICER (CHIEF MANAGER) THE CANARA BANK, FORTKOCHI BRANCH KUNNUMPURAM JUNCTION, COCHIN - 682 001 ERNAKUALM DISTRICT.

R1 & R2 BY ADV. SRI.PAULY MATHEW MURICKEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 33682 of 2015 (I) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 - THE TRUE COPY OF THE NOTICE DT. 24.3.2015 ISSUED BY THE 2ND RESPONDENT.

EXT. P2 - THE TRUE COPY OF THE NOTICE DT. 29.6.2015 ISSUED BY THE 2ND RESPONDENT.

EXT. P3 - THE TRUE COPY OF THE RECEIPT DT. 20.10.2015 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33682 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November 2015

JUDGMENT

The petitioner, who had availed a loan from the respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the 'SARFAESI Act', to recover the loan amounts. Ext.P2 is the possession notice issued to the petitioner under Section 13(4) of the SARFAESI Act. In the writ petition, the petitioner impugns the steps initiated by the respondent bank for recovery of the loan amounts. 2.

I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing Counsel appearing on behalf of the respondents.

3.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit him to remit the balance amounts outstanding to the bank in easy installments. Taking into

W.P.(c).No.33682 of 2015 : 2 :

account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:- (i) The total overdue amount, in respect of the loan, is stated to be Rs.88,476/- together with accrued interest. Accordingly, if the petitioner remits the aforesaid amount of Rs.88,476/- together with accrued interest in five equal and successive monthly installments commencing from 30.11.2015, and continues to keep up the regular installment payments as per the original loan schedule, then the recovery steps initiated against him by the respondent bank shall be kept in abeyance.

(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they presently stand. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/