THANKACHAN. M. PAUL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Being aggrieved by the judgment made in W.P(C).No.12989 of 2020 dtd. 12/8/2020, instant appeal is filed. Material on record discloses that appellant's daughter-in-law availed a loan of Rs.44,89,895.00 from the respondent bank for purchasing a car and appellant is the guarantor for the said loan. Since there was some dues in remitting the instalments, the respondent bank initiated steps for taking possession of the car and auctioned same. It is submitted that in the meantime appellant remitted the entire outstanding dues on 6/3/2020 evident from Ext.P4. So bank did not take any action. After remitting the outstanding amount, appellant could not remit the instalments due to Covid-19 pandemic. Appellant's daughter-in-law is also a victim of Covid-19 and she was in a hospital at Kuwait and she is not getting any salary for remitting the instalments. In the meantime RBI issued certain Regulatory Package for payment of loan amount. Firstly moratorium was declared upto 31/5/2020 and subsequently, moratorium was extended upto 31/8/2020. Appellant is also entitled to the benefit of the moratorium declared by RBI. Appellant/petitioner has only prayed in the Writ Petition that the benefits of moratorium declared by RBI may be extended to petitioner also and to direct the respondent bank to defer from taking any action in the matter till the moratorium is in force.

(2.) The reliefs sought for in the writ petition are as follows:

(3.) Before the writ court, a statement has been filed by the respondent Bank, which states that: