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Vigi

High Court Of Kerala|26 June, 2014
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JUDGMENT / ORDER

The petitioner availed of a mortgage loan and had committed default in the same. The loan was sanctioned in the year 2012. Since default was committed, the respondent Bank has initiated SARFAESI proceedings, in the context of there being arrears for reason of failure to pay the equated monthly instalments. 2. In the circumstances of the petitioner satisfying the entire arrears/default in six instalments along with the regular payment of EMIs, on the respective due dates, there shall be a direction to the respondent Bank to regularize the loan account and permit the petitioner to pay the amounts as per the original agreement. The recovery proceedings shall stand closed on the satisfaction of the arrears and also on regular EMIs being paid. If two consecutive defaults are committed WP(C).12597/14 2 during the instalment period granted by this Court, Bank shall proceed with the recovery proceedings initiated. First instalment shall be paid on 26.7.2014 and the balance instalments shall be paid on the 26th of the succeeding months.
Writ petition disposed of.
Sd/-
K.VINOD CHANDRAN, jma Judge //true copy// P.A to Judge
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Title

Vigi

Court

High Court Of Kerala

JudgmentDate
26 June, 2014
Judges
  • K Vinod Chandran
Advocates
  • H Hamza
  • V K Peermohamed