IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 8152 OF 2022
PETITIONER:
M.ABBAS
AGED 54 YEARS
S/O.MOHAMMED, CHEERANI (H), KOLLENGOD (PO), PALAKKAD -
678 506.
BY ADV S.MUMTAZ
RESPONDENT:
INDIAN BANK
REPRESENTED BY THE AUTHORIZED OFFICER, ZONAL OFFICE,
62/1550, FLOOR B&C, RAM MEENA BUILDING, VALANJABALAM,
ERNAKULAM - 682 016.
OTHER PRESENT:
SC-S.EASWARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8152 OF 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No. 8152 of 2022
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Dated this the 20th day of May, 2022
JUDGMENT
Petitioner as borrower from 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 total outstanding amount in instalments.
3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the total outstanding amount is Rs.31,33,000/-. 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 total outstanding amount in limited instalments.
WP(C) NO. 8152 OF 2022 3
4. I have heard Smt.Mumtaz Shumsuddin, the learned counsel for the petitioner as well as Sri.S.Easwaran, the learned Standing Counsel for the respondent.
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 total outstanding amount in '12' instalments.
6. Accordingly, there will be a direction to the respondent bank to accept repayment of the total outstanding amount of Rs.31,33,000/- along with bank charges from the petitioner on the following conditions:
(i) The total outstanding amount of Rs.31,33,000/-
shall be repaid in '12' equated monthly instalments.
(ii) The first instalment shall be paid on or before 24/6/2022 and the remaining instalments shall be paid on or before 24th day of every succeeding month.
WP(C) NO. 8152 OF 2022 4
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.
(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings against the petitioner shall be kept in abeyance. The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 8152 OF 2022 5 APPENDIX OF WP(C) 8152/2022 PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF SALE NOTICE DATED 08/02/2022.
Exhibit P2 REQUEST LETTER DATED 09/02/2022 GIVEN BY THE PETITIONER TO THE RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE