IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 20664 OF 2021
PETITIONERS:
1 ATHIKKA
AGED 35 YEARS
W/O MOHAMMEDALI, KALLIYATH HOUSE, A.R.NAGAR
P.O.KAKKADAMPURAM, TIRURANGADI TALUK, MALAPPURAM-676 305.
2 MOHAMMEDALI,
AGED 41 YEARS
S/O ABOOBACKER HAJI, KALLIYATH HOUSE, A.R.NAGAR
P.O.KAKKADAMPURAM, TIRURANGADI TALUK, MALAPPURAM-676 305.
BY ADV K.P.SHEREEF
RESPONDENTS:
1 THE BANKING OMBUDSMAN
RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM,
PIN-695 033.
2 GENERAL MANAGER
MALAPPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE
MALAPPURAM, P.O.MALAPPURAM , PIN-676 505.
3 AUTHORISED OFFICER,
(DEPUTY GENERAL MANAGER (IN CHARGE), MALAPPURAM DISTRICT CO-
OPERATIVE BANK, HEAD OFFICE, MALAPPURAM, P.O.MALAPPURAM ,
PIN-676 505.
4 ABDURABB KURUMBAN,
S/O HYDROSS, V.K. MAD, KANNAMANGALAM P.O., TIRURANGADI
TALUK, MALAPPURAM DISTRICT-676 304.
SRI.E.S.M.KABEER-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.20664 OF 2021
2
BECHU KURIAN THOMAS, J
-------------------------------
W.P.(C) NO.20664 OF 2021
--------------------------------
Dated this the 1st day of October, 2021
JUDGMENT
Petitioner as borrower from the second respondent bank, has committed default in repayment. Consequently, proceedings have been initiated by the bank for recovery of the amounts due.
2. During the course of the hearing, petitioner has confined the relief to opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount is Rs.22,65,213/-. It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan account. W.P.(C) NO.20664 OF 2021 3
4. I have heard Adv. K.P.Shereef, learned Counsel for the petitioner as well as Adv. E.S.M.Kabeer the learned Standing Counsel for the respondents 2 and 3.
5. Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the overdue amount in six instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.
6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs. 22,65,213/- along with bank charges from the petitioner and regularise the loan account of the petitioner on the following conditions:
i. The overdue amount of Rs. 22,65,213/- shall be repaid in six equated monthly instalments. ii. Petitioner shall pay an amount of Rs.
1,00,000/- (Rupees One lakh only) on or before 30.10.2021 and the balance amount shall be paid in six equal monthly instalments W.P.(C) NO.20664 OF 2021 4 iii. Petitioner shall continue to pay the regular EMI's along with the instalments directed above. iv. In the event of default of any one instalment,the respondent bank shall be entitled to proceed in accordance with law.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS JUDGE AJ/01.10.2021 W.P.(C) NO.20664 OF 2021 5 APPENDIX OF WP(C) 20664/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER SENT BY THE RESPONDENT BANK TO THE PETITIONER Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE BANKS PASS BOOK Exhibit P3 TRUE COPY OF THE AGREEMENT Exhibit P4 TRUE COPY OF THE LETTER Exhibit P5 A TRUE COPY OF THE COMPLAINT Exhibit P6 TRUE COPY OF THE POSSESSION NOTICE