High CourtsSingle Bench(2021) 08 KL CK 0139

Sarath Gopi vs Authorised Officer, People's Urban Co-Operative Bank Ltd

High Court Of Kerala · Decided on 17 August 2021

HON’BLE JUDGES
Murali Purushothaman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 16934 Of 2021

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Judgment

15 paragraphs · 272 words

Murali Purushothaman, J

1.

The petitioners have availed a loan from the 2nd respondent Bank. According to the petitioners, due to the pandemic situation, the petitioners could

not repay the loan amount and the Bank has initiated Ext.P1 proceedings under Rule 8 of the Security Interest (Enforcement) Rules and Section 13(2)

of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002. The amount due from the

petitioners is Rs.5,40,925/-.

2.

When this writ petition came up for consideration on 13.08.2021, notice was ordered to the respondents and all proceedings pursuant to Ext.P1

proceedings was directed to be deferred. Today, Adv.Deva Prasanth appeared for the respondent Bank and submitted that the respondents are willing

to regularise the loan account of the petitioners, provided they pay the amounts in instalments.

3.

Heard the learned Counsel for the petitioners and the learned Counsel for the respondents.

4.

There will be a direction to the petitioners to pay an amount of Rs.25,000/- (Rupees twenty five thousand only) within a period of one month from

the date of receipt of a copy of this judgment. The Bank will intimate the petitioners the steps to be taken for regularising the loan account and the

amounts to be paid. On such intimation, the amount to regularise the entire loan account will be paid by the petitioners in '6' equal monthly installments

along with regular EMI. Ext.P1 and all proceedings thereto will stand deferred.

If the petitioners make any default in remitting the amount as stated above, the respondent Bank will be free to proceed with Ext.P1.

The writ petition is disposed of accordingly.