IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14851 OF 2022
PETITIONER:
AMEEN PASHA, AGED 37 YEARS
S/O.MUHAMMED,
UMMINIYATH HOUSE, PARICHAKUZHI,
KOLATHUR P.O., MALAPPURAM DISTRICT
PIN - 679338
BY ADV K.RAKESH
RESPONDENT:
KERALA GRAMIN BANK
KOLATHUR BRANCH, KOLATHUR P.O.,
MALAPPURAM DISTRICT, PIN - 679 338,
REPRESENTED BY ITS AUTHORISED OFFICER
PIN - 679338
BY SRI. JAWAHAR JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.14851 of 2022
2
MOHAMMED NIAS. C.P.,J
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WP(C) No. 14851 of 2022
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Dated this the 29th day of April, 2022
JUDGMENT
The petitioner had availed a loan from the respondent bank by creating mortgage of residential property as the secured asset. Due to the Covid pandemic, repayments were not made in time and the same led to proceedings for recovery against the petitioner. The learned counsel for the petitioner submits that the sale of the property is scheduled on 16.05.2022.
2. The limited prayer of the petitioner in this writ petition is to grant instalment facility to pay the overdue amounts and to regularise the loan account.
3. The learned Standing Counsel for the respondent Bank, on instructions, submits that the total outstanding amount due to the bank as on today is Rs.10,39,249/-.
4. Taking into account the averments in the writ petition and after hearing the learned counsel on either side, I deem it appropriate to grant instalment facility to the petitioner to wipe off the overdue amounts due to the respondent bank.
5. In the said circumstances this writ petition is WP(C)No.14851 of 2022 3 disposed of permitting the petitioner to deposit an amount of Rs.1,00,000/- before the sale date (16.5.2022). The petitioner to clear off the balance overdue amounts due to the respondent bank in 9 equal monthly instalments starting from 15.06.2022.
6. It is made clear that if there are two defaults committed in paying the instalments at any time, the petitioner will lose the benefit of this order and the respondent bank will be at liberty to proceed against the petitioner on the basis of the recovery proceedings already initiated.
The writ petition is disposed of.
Sd/-
MOHAMMED NIAS. C.P.,JUDGE dlK 29.4.2022 WP(C)No.14851 of 2022 4 APPENDIX OF WP(C) 14851/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED, 7-4-2022 Exhibit P2 A TRUE COPY OF THE COVERING LETTER TO THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED, 7-4-2022 TO THE PETITIONER