Jisha Varghese vs Union Bank Of India

Citation : 2022 Latest Caselaw 5186 Ker
Judgement Date : 10 May, 2022

Kerala High Court
Jisha Varghese vs Union Bank Of India on 10 May, 2022
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
   TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
                       WP(C) NO. 14955 OF 2022


PETITIONERS:

    1       JISHA VARGHESE
            AGED 42 YEARS
            D/O. JOSE, PARASSERY HOUSE, BKRA 102, BHUVANESWARAI
            ROAD, POONURUNNI, KOCHI-682 019

    2       JASEENTHA JOSE,
            AGED 70 YEARS
            W/O. JOSE, PANDIAMPILLY, MEGHA APARTMENTS, 5TH FLOOR,
            DOOR NO.C5, CHOTTANIKKARA, ERNAKULAM-682 212

            BY ADVS.
            N.JAGATH
            SALISH ARAVINDAKSHAN



RESPONDENTS:

    1       UNION BANK OF INDIA
            REGIONAL OFFICE, 2ND FLOOR, UNION BANK BHAVAN M.G
            ROAD, ERNAKULAM-682 035, BRANCH JAWAHAR NAGAR,
            REPRESENTED BY ITS AUTHORISED OFFICER

    2       BRANCH MANAGER,
            UNION BANK OF INDIA, SHOP NO.28/630, MUDIYIL BUILDING,
            KP VALLON ROAD, GIRI NAGAR, KOCHI-682 020


OTHER PRESENT:

            SRI.A.S.P.KURUP,SC.




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.14955 of 2022                    -2-

                                T. R. RAVI, J.
                           -------------------------------
                           W.P.(C) No.14955 of 2022
                      --------------------------------------
                      Dated this the 10th day of May, 2022

                                  JUDGMENT

This writ petition is filed praying for permission to repay the amounts outstanding in easy instalments.

2. The Standing counsel for the respondents, on instructions, submits that the total amount outstanding is Rs.13,60,000/- and the Bank is agreeable to grant ten instalments. The petitioner submits that he may be granted 12 instalments.

3. The writ petition is hence disposed of permitting the petitioner to repay the amount in equal instalments of Rs.1,20,000/- (Rupees One lakh twenty thousand only) for the first 11 months and the balance amount due along with the interest accrued as the 12 th instalment. The first instalment shall be paid on or before 10.06.2022 and the subsequent instalments will fall due on the 10th day of the succeeding months. Recovery proceedings initiated shall be kept in abeyance for the purpose of payment of the amount in instalments. If the petitioner makes continuous default in payment of two instalments, the respondents will be free to continue with the recovery proceedings.

Sd/-

T. R. RAVI, JUDGE Skk/10.5.22 W.P.(C) No.14955 of 2022 -3- APPENDIX OF WP(C) 14955/2022 PETITIONERS' EXHIBITS:-

Exhibit P1 PHOTOCOPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 03.11.2021 Exhibit P2 PHOTOCOPY OF THE RR NOTICE IN FORM 1 ISSUED BY THE DY THAHSILDAR RR KANAYANNUR TALUK DATED 03.02.2021 Exhibit P3 NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN MC NO.290/20