KADEEJA v. KODUNGALLUR

SRI. T R HARIKUMAR, SC FOR KODUNGALLUR TALUK PRIMARY AGRICULTURAL RURAL DEVELOPMENT BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 83 OF 2024 2 JUDGMENT The petitioner is a lady. The son of the petitioner availed financial assistance from the respondent bank in the year 2013 for a sum of Rs.15 lakhs. The residential property owned by the petitioner was mortgaged. The petitioner states that when default was committed, she was served with Ext.P3 sale notice. It is in the afore circumstances that this writ petition is filed seeking to quash Ext.P3 and for an incidental relief.

The learned counsel appearing for the petitioner submits that the son of the petitioner had availed the loan and is working as an Overseer. According to the learned counsel, if an opportunity is granted to the petitioner to remit the amounts in installments, she will be able to clear the loan amount.

The learned Standing Counsel appearing for the respondent submits that the loan was availed in the year 2013, and as of

12.01.2024, the overdue amount is about Rs.11 lakhs. It is further submitted that the total outstanding as of date is Rs.16 lakhs. The learned counsel submits that the bank has no objection in granting an opportunity to the petitioner to clear off the arrears, but submits that not more than six installments be granted. WP(C) NO. 83 OF 2024 3

Upon careful consideration of the submissions made by both parties, it is evident that the petitioner owes in excess of Rs.16 lakhs to the respondent Bank. The respondent, very fairly, has agreed to permit the petitioner to settle these debts through a limited number of installments. As a measure of last resort, I am inclined to issue directions to facilitate the petitioner in discharging her financial obligations to the respondent. This approach is deemed necessary to provide a structured pathway for the petitioner to clear off her monetary liabilities in a manageable manner.

Resultantly, this writ petition is ordered, and the following directions are issued: (i) The petitioner shall approach the respondent with a request to inform her of the details of the overdue amount, together with interest and other charges due from her in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the respondent shall forthwith issue a statement in writing detailing the amount due to clear the overdue amount. (ii) On receipt of such a statement, the petitioner shall pay the overdue amount WP(C) NO. 83 OF 2024 4 shown therein in twelve (12) equal monthly installments commencing from 1.3.2024 and continue to pay the same on every successive month thereafter until the entire loan is wiped off. In addition, the petitioner shall continue to pay the regular installments as and when the amounts become due. (iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against her by the respondent for the realization of the amount shall be kept in abeyance. (iv) It is made clear that if the petitioner commits default of any two installments, she will lose the benefit of this judgment, and the concerned respondent will be free to continue the recovery proceedings against her from the stage at which she presently stands and recover the entire amount along with interest and other charges. (v) It is further made clear that no application for an extension of time will be entertained. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE WP(C) NO. 83 OF 2024 5 APPENDIX OF WP(C) 83/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 THE TRUE COPY OF THE LOAN LEDGER ISSUED BY THE RESPONDENT BANK DATED 17.11.2020 THE TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT BANK DATED 25.01.2023 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 22.12.2023