IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 17198 OF 2022
PETITIONERS:
1 SANTHOSH
S/O NATESAN, NAYANAM, TC.5/2320(1), UDAYAGIRI
COMPOUND, CHERUVAKKAL, SREEKARYAM, THIRUVANANTHAPURAM
PIN - 695 017.
2 REKHA
W/O SANTHOSH, NAYANAM, TC.5/2320(1), UDAYAGIRI
COMPOUND, CHERUVAKKAL, SREEKARYAM, THIRUVANANTHAPURAM
P
IN-695 017
BY ADV K.V.GOPINATHAN NAIR
RESPONDENT:
CANARA BANK
BRANCH NO 2499, COSMOPOLITAN HOSPITAL,
THIRUVANANTHPAURAM-695 011, REPRESENTED BY ITS
MANAGER.
M.GOPIKRISHNAN NAMBIAR,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17198 OF 2022
2
BECHU KURIAN THOMAS, J
.......................................
W.P.(C) No.17198 of 2022
.....................................
Dated this the 27 th day of May, 2022
JUDGMENT
Petitioners as borrowers from the respondent-Bank, have committed default in repayment. Consequently, proceedings have been initiated by the Bank for recovery of the amounts due.
2. During the course of the hearing, petitioners have confined their relief to an opportunity for repaying the outstanding amount in instalments.
3. It was submitted on behalf of the respondent-Bank that the petitioners committed default in repayment and the outstanding amount is Rs.23,91,288/-. 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 outstanding amount in limited instalments.
4. I have heard Sri.K.V.Gopinathan Nair, the learned counsel for the petitioners as well as Sri.M.Gopikrishnan Nambiar, the learned Standing Counsel for 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 WP(C) NO. 17198 OF 2022 3 of the view that the petitioners can be granted an opportunity to repay the outstanding amount in '15' instalments.
6. Accordingly, there will be a direction to the respondent-Bank to accept repayment of the entire outstanding amount of Rs.23,91,288/- along with bank charges from the petitioners on the following conditions:
(i). The outstanding amount of Rs.23,91,288 /- shall be repaid in '15' equated monthly instalments.
(ii). The first instalment shall be paid on or before 27.06.2022 and the remaining instalments shall be paid on or before the 27th day of every succeeding month.
(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 petitioners to repay the entire amounts, all coercive proceedings against the petitioners shall be kept in abeyance.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/30/05//2022 WP(C) NO. 17198 OF 2022 4 APPENDIX OF WP(C) 17198/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE STATEMENT OF ACCOUNT Exhibit P2 A TRUE COPY OF THE NOTICE UNDER SECTION 13(4)DATED 26.4.2022 Exhibit P3 A TRUE COPY OF THE RECEIPT OF THE PAYMENT OF RS 2 LAKHS ON 23.5.2022 RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE