IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 5589 of 2010(W) -------------------------------------- PETITIONER: ------------------- AJITHA GOPALAKRISHNAN, AGED 45 YEARS, PERUMPILAVIL HOUSE, GURUVAYOOR, THRISSUR DISTRICT. BY ADVS. SRI.RAJIT, SRI.RANJIT BABU. RESPONDENTS: ------------------------ 1. THE AUTHORISED OFFICER, UNION BANK OF INDIA, REGIONAL OFFICE, K.S.H.B.COMPLEX, VIKAS NAGAR, EAST HILL ROAD, KOZHIKODE. 2. UNION BANK OF INDIA, GURUVAYOOR BRANCH, GURUVAYOOR, THRISSUR DISTRICT, REPRESENTED BY THE BRANCH MANAGER. R1 & R2 BY SRI.A.S.P.KURUP, SC, UBI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.5589 of 2010-W ---------------------------- Dated this the 29th day of March, 2010. J U D G M E N T The petitioner and her deceased husband had availed a housing loan of Rs.10 lakhs from the respondent Bank in the year 2004, which was liable to be re-paid by way of instalments. Since the petitioner could not satisfy the liability on time, there was no other alternative for the Bank, but to declare the account as 'NPA' and proceed with further steps, invoking the provisions under the SARFAESI Act, which in turn is subjected to challenge in this Writ Petition. 2. The petitioner's husband had challenged the above proceedings by filing W.P(C) No. 3411 of 2009, whereby the coercive steps were intercepted, on condition that the petitioner therein satisfied a portion of the liability within a specified time, followed by regular monthly instalments. But subsequently, the petitioner in the said Writ Petition ie. the husband of the petitioner took his last breath on 18.10.2009 and the position was brought to the notice of the authorities of the Bank. Allegedly on the basis of the instructions W.P(C) No.5589 of 2010-W 2 given by the Bank, the Writ Petition was withdrawn on 10.2.2010, for amicable settlement. 3. The petitioner is now before this Court because of the steps taken by the respondent Bank without any regard to the course and events as above. The learned counsel for the petitioner submits that the condition imposed by this Court while intercepting the coercive steps, as per order dated 22.2.2010 has been satisfied by remitting a sum of Rs.1 lakh. 4. The learned counsel for the Bank submits on instructions that the 'overdue' amount will be slightly above Rs.2 lakhs and if the petitioner undertakes to clear the said liability within a short time, the Bank is ready and willing to give one more opportunity to the petitioner to have the loan account regularised. 5. In the particular facts and circumstances, this Court finds it fit and proper to permit the petitioner to clear the 'overdue' amount by way of 'four' equal monthly instalments; the first of which shall be effected on or before the 30th of April, 2010; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Ext.P2 shall be kept in abeyance. It is also W.P(C) No.5589 of 2010-W 3 made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the Bank, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab