Naveen R vs Kollam Co Operative Urban Bank Ltd

Gopinath P, J

Petitioner has approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the Securitisation Act) for recovery of the amount due upon a loan, namely an overdraft facility, availed by the 1st petitioner from the respondent bank.

It is submitted that the total outstanding liability of the petitioner in respect of the loan comes to Rs.34,21,912/-. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the outstanding amount in instalments.

It was submitted on behalf of the respondent bank that the petitioner is a chronic defaulter and no indulgence whatsoever can be shown to him. However, it is submitted that if the petitioner is willing to repay the entire outstanding liability along with accrued interest and costs in eighteen (18) instalments, the bank is ready to accept the same.

The learned counsel for the petitioner submitted that the petitioner may be given an opportunity to repay the entire liability in eighteen (18) instalments.

Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in eighteen (18) instalments.

Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount mentioned above along with bank charges from the petitioner on the following conditions:

(i) Petitioner shall discharge the liabilities to the respondent bank by paying the entire outstanding amount mentioned above together with any accrued interest/costs in eighteen (18) equated monthly instalments commencing from 15.07. 2022.

(ii) Petitioner shall pay the subsequent instalments on or before the last working day of every succeeding month.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

(iv) It is made clear that no further extension will be granted to the petitioner hereafter.

(v) In order to enable the petitioner to repay the entire amount, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.