IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 15743 OF 2022
PETITIONER/S:
ANSAR KABEER,
AGED 45 YEARS
S/O. KABEER, SABEENA MANZIL, MULLASERRI, MANGALAPURAM,
TRIVANDRUM 695 317.
BY ADV M.R.SARIN
RESPONDENT/S:
THE AUTHORISED OFFICER/MANAGER,
AXIS BANK LIMITED, 2ND FLOOR, NIHAL COMPLEX, KARAMA,
TRIVANDRUM 695 002.
BY ADV MADHU RADHAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15743 OF 2022 2
JUDGMENT
This Court through interim order dated 20.05.2022 in the above writ petition directed as follows:-
''Sri.Madhu Radhakrishnan, the learned counsel for the respondent submitted that, though the total liability of the petitioner was Rs.56,46,443/-, the Bank had agreed to settle the entire liability at Rs.32,25,000/- provided petitioner abided with the condition for repayment of the said amount in three instalments commencing from 30.04.2022. It is also pointed out that, though petitioner was bound to pay an amount of Rs.12,75,000/- on 30.04.2022, there was default in the said payment resulting in the cancellation of the settlement. However, it was pointed out on behalf of the respondent that the Bank is willing to show indulgence again and accept repayment of the loan for the amount already agreed, provided petitioner pays an amount of Rs.14,00,000/- [Rupees Fourteen lakhs only] by 30.05.2022. It was submitted that if the said amount is paid as stipulated above, the balance amount of Rs.18,25,000/- can be re- paid by 30.06.2022. Petitioner agrees to pay the amount as per the time lines suggested.
Post on 01.06.2022 to verify whether the petitioner abides by the condition of payment of Rs.14,00,000/- by 30.05.2022.''
2. Learned counsel appearing for the petitioner submits that the petitioner has complied with the interim order and an amount of Rs.14 lakhs has been paid to the respondent bank. It is submitted that the petitioner is also willing to pay the balance amount of Rs.18,25,000/- (Rupees eighteen lakhs and twenty five thousand only) by 30.06.2022.
3. Learned counsel appearing for the respondent bank WP(C) NO. 15743 OF 2022 3 submits that if the amount is paid as above by 30.06.2022, the recovery proceedings can be kept in abeyance.
Therefore, the writ petition will stand disposed of, directing that If the petitioner pays an amount of Rs.18,25,000/ along with any accrued interest and charges on or before 30.06.2022, the recovery proceedings initiated against the petitioner shall be kept in abeyance and will not be proceeded with.
sd/-
GOPINATH P.
JUDGE ajt WP(C) NO. 15743 OF 2022 4 APPENDIX OF WP(C) 15743/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.
5337/2020 OF THIS HON'BLE HIGHCOURT. Exhibit P2 THE TRUE COPY OF SETTLEMENT LETTER ISSUED BY RESPONDENT TO THE PETITIONER ON 29.04.2022. Exhibit P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 30.04.2022.