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2021 DIGILAW 369 (KER)

Manoj Kumar v. S. S/o K. Velappan Nair VS Punjab and Sind Bank Rep. by its Branch Manager, Thiruvananthapuram

2021-03-30

A.M.BADAR

body2021
JUDGMENT : A.M. BADAR, J. 1. Heard both sides. 2. The 1st petitioner had availed overdraft facility of Rs. 20 lakhs from the respondents by mortgaging his property. The 2nd petitioner is the guarantor. That account has turned into nonperforming asset and the respondents have resorted to the provisions of the SARFAESI Act for recovery of the amount due and payable by the petitioners. Ultimately, an Advocate Commissioner has been appointed by the learned Chief Judicial Magistrate for taking possession of the secured asset. 3. Learned counsel for the petitioners submits that the petitioners are ready and willing to repay the entire amount due and payable by them to respondents in instalments. 4. Learned Standing Counsel appearing for respondents submits that the petitioners' loan account has turned into nonperforming asset in August 2019 and thereafter no payment was made by the petitioners to clear off the dues. It is also submitted that only an amount of Rs. 50,000/- has been paid in the last week. He, however, submits that if the petitioners make a payment of Rs. 3.93 lakhs on or before 31.03.2021 and if the balance amount is cleared in ten instalments, then the respondents shall keep the coercive action under the SARFAESI Act in abeyance. 5. Learned counsel for the petitioners submits that the petitioners are ready for this proposal. Hence the following order: The petitioners to deposit an amount of Rs. 3,93,000/- (Rupees Three lakhs ninety three thousand only) by 31.03.2021 with respondents for discharging their liability. They should pay the balance amount due and payable by them to respondents in ten equated successive monthly instalments commencing from 26.04.2021. If the petitioners comply with these directions, then the respondents shall keep coercive action under the SARFAESI Act initiated against the petitioners in abeyance. A single default on the part of the petitioners in compliance with these directions shall entail the respondents to continue with the coercive action initiated against the petitioners. No further extension of time shall be granted to the petitioners for compliance with these directions. 6. This writ petition is disposed of as above.