IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
WP(C) NO. 11200 OF 2022
PETITIONER:
ANAS A.
AGED 44 YEARS, S/O.ABDUL RAHMAN,
EDAYALA VEETTIL HOUSE, MUZHANGODI, THODIYOOR P.O.,
KALLELIBHAGOM VILLAGE, KARUNGAPPALLY TALUK, K
OLLAM DISTRICT, PIN - 690 519.
BY ADV K.V.ANIL KUMAR
RESPONDENTS:
1 AREA MANAGER, KERALA BANK
(KERALA STATE CO-OPERATIVE BANK), KARUNGAPPALLY,
KOLLAM DISTRICT, PIN - 690 518.
2 THE BRANCH MANAGER
KERALA BANK, (KERALA STATE CO-OPERATIVE BANK),
KARUNGAPPALLY BRANCH, KOLLAM DISTRICT,
PIN - 690 518.
OTHER PRESENT:
SRI.P.C. SASIDHARAN, STANDING COUNSEL
ADV JOBY JOSEPH-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.11200/2022
-:2:-
Dated this the 17th day of May, 2022
JUDGMENT
Petitioner as borrower of the respondent bank, has committed default in repayment. Consequently, proceedings have been initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue interest in instalments for continuing the credit facility.
3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue interest is Rs.10,53,088/-. It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the overdue amount in limited instalments and to permit the petitioner to continue the credit facility.
4. I have heard Adv.K.V. Anil Kumar, learned counsel for the petitioner as well as Adv.P.C. Sasidharan, the W.P.(C)No.11200/2022 -:3:- learned Standing counsel for the respondents.
5. Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the overdue interest in 10 instalments.
6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue interest of Rs.10,53,088/- along with bank charges from the petitioner and allow the petitioner to continue the credit facility on the following conditions:
(i) The petitioner shall deposit Rs.2,00,000/- on or before 17th June, 2022.
(ii) The remaining amounts i.e. Rs.8,53,088/- along with bank charges shall be repaid in 9 equated monthly instalments.
(iii) Each of the said instalments shall become payable on or before 17th day of subsequent months.
(iv) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law for realizing the entire W.P.(C)No.11200/2022 -:4:- amount by cancelling the credit facility.
(v) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
ZIYAD RAHMAN A. A., JUDGE Skk/17.5.22 W.P.(C)No.11200/2022 -:5:- APPENDIX OF WP(C) 11200/2022 PETITIONER'S EXHIBITS:-
Exhibit P1 A TRUE COPY OF THE DISCHARGE SUMMARY GIVEN BY DR.RAMESH H., LAKESHORE HOSPITAL & RESEARCH CENTRE LTD., ERNAKULAM DATED 08/07/2019.
Exhibit P2 A TRUE COPY OF THE DISCHARGE SUMMARY GIVEN BY DR.RAMESH H., LAKESHORE HOSPITAL & RESEARCH CENTRE LTD.
ERNAKULAM DATED 07/11/2019.
Exhibit P3 A TRUE COPY OF THE NOTICE DATED 14/02/2022 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:- NIL