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Judgment
The petitioner availed a housing loan and two mortgage loan from the respondent Bank. On default being committed the respondent initiated proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (''SARFAESI'' for short) against the property of the petitioner.
The learned Counsel for the respondent Bank submits that there is no regularisation possible. It is also submitted that there was a settlement arrived at before the Debt Recovery Tribunal (DRT) by Ext.P3, which was also not complied with.
The liability and the default is admitted. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:
(i) The total defaulted arrears is said to be Rs.15,12,341/- as on 16.02.2017.
(ii) The respondent shall grant fifteen monthly instalments for the payment of the arrears, starting from 22.03.2017.
(iii) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(iv) On the petitioner making two defaults in repaying the installments, the recovery steps initiated shall revive and continue.
(v) The respondent shall issue a statement of the future interest accrued on the defaulted arrears every three months and the same shall be paid along with the next month''s instalment, as granted by this Court, and after satisfaction of the arrears, as the 16th instalment.
(vi) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
The Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.