IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
WP(C) NO. 14517 OF 2022
PETITIONER :
ABHILASH A.K.,
AGED 37 YEARS
S/O.A.P.KOMALAN, ANIKKATTUPARAMBIL,
CHAMAMPATHAL P.O., VAZHOOR-686 517.
BY ADV E.V.MOLY.
RESPONDENT :
UNION BANK OF INDIA,
REGIONAL OFFICE, KOTTAYAM, 3RD FLOOR,
AMALA TOWERS, ADICHIRA JUNCTION,
KOTTAYAM-686 630, REPRESENTED BY ITS
AUTHORIZED OFFICER.
SRI. A S P KURUP (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.14517 of 2022 -2-
GOPINATH.P, J
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WP(C) No.14517 of 2022
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Dated this the 4th day of May, 2022
JUDGMENT
The petitioner faces recovery proceedings in respect of a housing loan availed by him.
2. The learned Standing counsel for the respondent bank very fairly submits that as of the date the defaulted amount comes to Rs.1,60,000/-. It is submitted that if the petitioner is willing to clear off the outstanding amount in six monthly equal installments together with regular EMIs , the recovery proceedings can be kept in abeyance.
3. Having regard to the facts and circumstances of the case and considering the fact that the petitioner had availed a loan for a residential house, I am of the opinion that the petitioner can be granted 8 monthly installments to clear off the overdue amount.
The first installment shall be paid on or before 01-06-2022. Subsequent installments shall be paid on or before the first working day of the succeeding months. Any accrued interest on the defaulted installments shall also be paid. The petitioner shall also pay the regular EMIs on the loan without fail. Subject to compliance with the above conditions, the recovery proceedings initiated against the petitioner shall be kept in abeyance.
Sd/-
GOPINATH P.
JUDGE
amk
WP(C) No.14517 of 2022 -3-
APPENDIX OF WP(C) 14517/2022
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE RECEIVED BY
THE PETITIONER DATED 25.11.2021.
Exhibit P2 THE TRUE COPY OF THE POSSESSION NOTICE DATED
23.02.2022 RECEIVED BY THE PETITIONER.
Exhibit P3 THE TRUE COPY OF THE SALE NOTICE DATED 19.03.2022 RECEIVED BY THE PETITIONER.
RESPONDENT'S EXHIBITS : NIL