The petitioner availed two 'housing loans' of `20,00,000/- & `5,00,000/- from the respondent Bank on 27.09.2005 & 28.08.2009 respectively, on the strength of security interest created over the property in question. Since the repayment could not be effected as scheduled, the Bank proceeded with steps under the SARFAESI Act, which made the petitioner to approach this Court by filing this writ petition.
2. The learned counsel appearing for the respondent Bank submits that the 'total outstanding liability' with respect to the 'two loans' as on date is nearly `21.25 lakhs (Rupees twenty one lakh twenty five thousand only), out of which a sum of nearly `2,50,000/- (Rupees two lakh fifty thousand only) is in respect of the defaulted instalments.
3. The learned counsel for the petitioner submits that the default was never wilful, but because of some unforeseen circumstances and that steps are being taken, to have the 'overdue' amount with respect to the defaulted instalments to be cleared, for which some breathing time is sought for.
W.P(C). No. 31657 of 2014 -2-
After hearing both the sides, the petitioner is directed to satisfy the 'overdue' amount in respect of defaulted instalments, by way of 'four' equal monthly instalments, the first of which shall be effected on or before the 20th of December, 2014, followed by similar installments, to be effected on or before the 20th of the succeeding months. This shall be in addition to the liability of the petitioner to clear the regular EMIs. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being and the loan account will stand regularised. It is made clear that, if any single default is committed with regard to the satisfaction of the 'overdue' as above, or if any two consecutive defaults are made with regard to the regular monthly installments, it will be open for the respondent Bank to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE Pn