IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 20693 OF 2022
PETITIONER:
C. JAYAPALAN
AGED 67 YEARS
S/O. CHAMY, VEETUKUZHY HOUSE, JYOTHI NAGAR, MEKAD, ALUVA,
ERNAKULAM.
BY ADVS.
C.S.MANILAL
S.NIDHEESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANADU, ERNAKULAM - 682021.
2 THE DEPUTY TAHSILDAR,
TALUK OFFICE, ALUVA ERNAKULAM - 683101.
3 THE STATE BANK OF INDIA,
REPRESENTED BY THE BRANCH MANAGER, DEPAUL ACADEMY BRANCH,
ANGAMALY SOUTH, ANGAMALY, ERNAKULAM - 680308.
BY ADVS.
AMMINIKUTTY K., GOVERNMENT PLEADER
JITESH MENON, STANDING COUNSEL FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20693 OF 2022
2
JUDGMENT
Dated this the 07th day of July, 2022 The petitioner had availed an education loan in the year 2013 for the purpose of his daughter's Engineering studies. As per the loan agreement, the amount was to be repaid from 2017 onwards. Some amounts were paid initially and petitioner defaulted repayment from 2019. This resulted in the Bank initiating recovery proceedings. The writ petition is filed seeking an opportunity to repay the balance amount in easy installments.
2. Learned Counsel for the petitioner submitted that the petitioner's daughter has not been able to secure proper employment and the loan period will be over only in the year 2022. Hence, the petitioner may be permitted to repay the balance amount in easy installments.
3. Learned Standing Counsel for the Bank submitted that, as on 01.07.2022, an amount of Rs.3,54,133/- is due under the loan account and the WP(C) NO. 20693 OF 2022 3 petitioner having willfully defaulted repayment from 2019 onwards, is liable to repay the whole amount in lump. It is submitted that, in case installment facility is granted, that should be limited to the minimum. It is pointed out that, revenue recovery proceedings having been initiated, the petitioner should be directed to pay the collection charges also.
Considering that the loan was availed for educational purposes and the undeniable fact that the pandemic and resultant lockdown has affected the public at large, I am inclined to dispose of the writ petition as under;
i. The entire balance amount along with interest and cost, shall be paid in 15 equated monthly installments. The petitioner shall also remit the collection charges due to the revenue recovery authorities.
ii. The 1st installment shall be paid on or before 15.08.2022 and the balance installments, before the 15th day of every succeeding month. iii. Default in any of the installments will result in the WP(C) NO. 20693 OF 2022 4 benefit of this judgment being withdrawn and the Bank being at liberty to continue with recovery proceedings.
iv. If the amounts are paid without default, recovery based on Ext.P1 shall be kept in abeyance.
Sd/-
V.G.ARUN JUDGE NB/7-7 WP(C) NO. 20693 OF 2022 5 APPENDIX OF WP(C) 20693/2022 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.04.2022. EXHIBIT P2 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN ACCOUNT DATED 21.06.2022. RESPONDENTS EXHIBITS: NIL TRUE COPY P.A. TO JUDGE