IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 18640 OF 2022
PETITIONER/S:
SHAMEEM SHUKOOR
AGED 59 YEARS
WIFE OF ABDUL SHUKOOR,
MOHAMMED MANZIL, 8/48, BRIDGE ROAD,
ALUVA, ERNAKULAM, PIN - 683101
BY ADVS.
S.RENJITH
P.K.SREEVALSAKRISHNAN
K.R.PRATHISH
RESPONDENT/S:
AXIS BANK LTD.
KOCHI RAC BRANCH, 5TH FLOOR, CHICAGO PLAZA, RAJAJI
ROAD, ERNAKULAM,
REP BY ITS MANAGER/AUTHORISED OFFICER, PIN - 682035
BY ADV P.PAULOCHAN ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.G.ARUN, J.
-----------------------------------------------
W.P(C).No. 18640 of 2022
-----------------------------------------------
Dated this the 9th day of June, 2022
JUDGMENT
Petitioner availed a loan from the respondent Bank and committed default in repayment. The Bank offered an opportunity to settle the loan under the One Time Settlement Scheme. Under the OTS Scheme, the petitioner had to remit the entire arrears in three instalments. According to the petitioner, she remitted two of the instalments within time and due to reasons beyond her control, failed to remit the third instalment. As a result, the OTS Scheme facility was withdrawn by the Bank.
2. Learned Counsel for the petitioner submits that, even though the petitioner attempted to pay the amount, the Bank is not accepting the payment.
3. Learned Counsel for the respondent Bank submitted that under the ITS Scheme, the borrower is bound to remit the entire amount within the stipulated time limit. It is submitted that even though the writ petition is not maintainable, if the petitioner submits a proper proposal, the same will be considered and appropriate decision taken by the Bank.
In the result, the writ petition is closed, leaving it open for the petitioner to approach the Bank seeking appropriate relief.
Sd/-
V.G.ARUN, JUDGE vgs APPENDIX OF WP(C) 18640/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BANK STATEMENT OF THE LOAN ACCOUNT NUMBER LPR008101263343 AS ON 10.05.2022 Exhibit P2 TRUE COPY OF THE ONE TIME SETTLEMENT SCHEME PROPOSED BY THE RESPONDENT BANK DATED 27- 01-2022 Exhibit P3 TRUE COPY OF THE EMAIL ISSUED BY THE PETITIONER'S SON TO BANK DATED 27.04.2022 Exhibit P4 TRUE COPY OF THE PAYMENT RECEIPTS Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER'S SON DATED 12.05.2022 Exhibit P6 TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE MANAGER TO THE PETITIONER'S SON