Judgment · High Court
Case at a glance
Outcome
Disposed of
The writ petition is disposed of as above
Provisions considered
Key paragraphs
- Para 55. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.3,07,713/- (Rupees Three lakh seven thousand seven hundred and thirteen only)along with accrued interest, cost and bank charges from the petitioners and regularise the loan…
Judgment
SRI. B.S.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13867 OF 2025 2 JUDGMENT Petitioners have approached this Court, challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due from the petitioners.
During the course of hearing, petitioners have confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.
It is submitted on behalf of the respondent bank that the petitioners availed a housing loan from the respondent bank and committed default in repayment and the overdue amount, as on 03.04.2025, would come to Rs.3,07,713/- (Rupees Three lakh seven thousand seven hundred and thirteen only). It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan account provided a substantial amount is paid as expeditiously as possible. WP(C) NO. 13867 OF 2025 3
Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the overdue amount of Rs.3,07,713/- (Rupees Three lakh seven thousand seven hundred and thirteen only) on a condition that the petitioner shall pay an amount of Rs.1,00,000/- (Rupees Two lakh only) on or before
30.04.2025 and the balance amount along with any accrued interest, cost and charges in twelve instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.
Operative part
Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.3,07,713/- (Rupees Three lakh seven thousand seven hundred and thirteen only)along with accrued interest, cost and bank charges from the petitioners and regularise the loan account of the petitioners in the following manner:-
(i) Petitioners shall pay an amount of Rs.1,00,000/- (Rupees Two lakh only) on or before 30.04.2025 ;
(ii) The balance overdue amount of Rs.2,07,713/- (Rupees Two lakh seven thousand seven hundred and thirteen only) along with any accrued interest, cost and charges shall be paid in twelve equated monthly instalments; WP(C) NO. 13867 OF 2025 4 (iii)The first instalment shall be paid on or before 30.05.2025 and the subsequent instalments shall be paid on or before the last working day of each succeeding months;
(iv)Petitioners shall continue to pay the regular EMI’s/instalments along with the instalments directed above;
(v) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(vi) In order to enable the petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE WP(C) NO. 13867 OF 2025 5 APPENDIX OF WP(C) 13867/2025 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 A TRUE COPY OF THE LOAN ACCOUNT DETAILS IN DATED 14-06-2024 A TRUE COPY OF THE DEMAND NOTICE DATED 17-02- 2025 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT ISSUED BY THE RESPONDENT
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is disposed of as above
Which statutory provisions did this judgment involve?
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.