SURENDRANATH vs STATE BANK OF TRAVANCORE

The appellant being the writ petitioner in this intra court

appeal is aggrieved by the order of the learned Single Judge

dated 28.6.2017 in W.P.(C). No.21273 of 2017 dismissing the

writ petition noticing that orders passed in earlier writ

proceedings had not been complied with.

We have heard learned counsel for the appellant and

the learned counsel for the erstwhile State Bank of Travancore

and with their consent we dispose of this appeal at this stage

itself.

The appellant had taken a housing loan. There had

been defaults. The appellant did not rectify the situation in spite

of indulgence granted by the learned Single Judge of this Court.

Accordingly, when the second writ petition was filed, it was

dismissed by the learned Single Judge. The residential house of

the appellant in which the appellant used to stay with his family

has been taken possession by the Bank and has been locked.

Upon hearing the parties, learned counsel for the Bank

discloses that the total overdue amount is about Rs.3,90,000/-.

The appellant states that he is ready to clear the entire

overdue along with penal interest, which may be levied and

upon this payment being made, the possession be restored and

loan be regularised with due EMI as earlier fixed.

We have considered the offer and in our view, it is fair

and just. Learned counsel for the Bank fairly states that they

are not interested in the residential house of the appellant. All

they are interested is securing repayment of their loan.

Having considered the matter we direct that upon the

appellant clearing of the entire overdue along with the penal

interest, as may be leviable, within 15 days from today, the

loan would be regularised from the next month onwards and

the appellant would only be required to pay the EMI as earlier

fixed. On payment of the aforesaid amount within 15 days, the

Bank would handover the possession of the house to the

appellant forthwith. Parties shall abide by the aforesaid

condition and any default by the appellant would authorise the

Bank to take all the steps that they are authorised in law to

take.

With this observation and direction this appeal stands

disposed of.