Aboobacker vs Cherpalcheri Co Operative Urban Bank Ltd

C.S Dias, J

The writ petition is filed to direct the respondents to permit the petitioner to pay off the overdue amount in equated monthly instalments and regularise the loan account.

The petitioner’s case is that he had availed financial assistance from the first respondent – Bank – by creating an equitable mortgage by deposit of title deeds. Due to reasons beyond his control, he could not pay the instalments on time. The respondents have initiated proceedings against the secured asset invoking the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( in short, ‘Act’) and are threatening to take physical possession of the secured asset. The petitioner is willing to pay the overdue amount in equated monthly instalments. Hence, the writ petition.

Heard; Sri.P.Jayaram, the learned counsel appearing for the petitioner and Sri.Jayaraj.M, the learned counsel appearing for the respondents.

Sri.Jayaraj.M, on instructions, submitted that the overdue amount as on today is Rs.2,50,852/-. The respondents are willing to permit the petitioner to pay off the overdue amount in four equated monthly instalments. The said submission is recorded.

The learned counsel appearing for the petitioner submitted that since the tenure of the loan is till 2032, the petitioner may be granted at least twelve instalments to pay the overdue amount.

Having considered the pleadings and materials on record, the submissions made by the learned counsel appearing for the parties, the consensus arrived at between the parties and to provide the petitioner one last opportunity to clear off the liability, I am inclined to exercise the powers of this Court under Article 226 of the Constitution of India and entertain the writ petition.

Resultantly, I dispose of the writ petition in the following manner:

(i) The respondents are directed to defer further coercive proceedings pursuant to Exts P1 and P2, to enable the petitioner to pay the liability in equated monthly instalments as stated below.

(ii) The petitioner is permitted to pay the overdue amount as stated above with future interest and cost to the first respondent – Bank – in twelve equated monthly instalments commencing from 19.9.2023 along with regular EMIs.

(iii) Needless to mention, if the petitioner commits default in any of the conditions ordered above, the petitioner would lose the benefit of this judgment and the respondents would be at liberty to proceed with recovery proceedings from the stage it presently stands.

(iv) It is made clear that, no further application for modification/extension of time shall be entertained.