AMBIKA B. Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner, aggrieved by the recovery being effected from his salary.

(2.) Petitioner is employed in Keltron. During 2005 she availed a housing loan of Rs. 3 lakhs from the 1st respondent by creating equitable mortgage over her 2 = cents of property and a house therein, near Pallivilla Junction, Thiruvananthapuram. When there is a failure to honour the payment of the monthly instalment, the account was declared as NPA and proceedings were initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. A notice was issued under section 13(2) of the Act. Further notice was issued as per Ext.P1 under section 13(4) of the Act. In completion of the proceedings, physical possession of the property has already been taken. In the meanwhile, the 1st respondent asked the 3rd respondent, salary disbursing officer of the petitioner, to recover an amount of Rs. 3,600/- from the salary of the petitioner and the outstanding dues is Rs. 7.5 lakhs. Ext.P3 is the communication and the petitioner was intimated by Ext.P4 that it will be implemented from the month of September, 2012 onwards.

(3.) This Court while admitting the writ petition on 8- 10-2012, passed an interim order not to transfer the recovered amount to the bank. A statement has been filed on behalf of respondents 1 and 2 and a reply affidavit has been filed by the petitioner. It is averred by the bank that at the time of granting the loan, a salary certificate was produced by the petitioner as Ext.R1(a). Ext.R1(b) is the agreement executed by the petitioner. The petitioner has been very ir-regular in making payment also. Finally, proceedings were initiated under the SARFAESI Act and mortgaged property was taken in possession. The petitioner has authorized the bank by Ext.R1(c) for initiating steps for recovery also.