Kerala High Court
Padmini Gopi vs Dhanlaxmi Bank on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15756 OF 2024
PETITIONER:
PADMINI GOPI, AGED 65 YEARS,
W/O GOPI, RESIDING AT CHIRAYIL,
MARIYAPALLY PO, NATTAKOM,
KOTTAYAM, PIN - 686013.
BY ADVS.
A.ABDUL RAHMAN (A-1917)
P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK
REPRESENTED BY ITS BRANCH MANAGER,
KOTTAYAM BRANCH, BHAGYALAKSHMI ARCADE,
CHILDREN LIBRARY JUNCTION, THIRUNAKKARA,
KOTTAYAM DISTRICT, PIN - 686001.
2 DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK,
OFFICE OF THE DEPUTY TAHSILDAR (RR),
PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
KOTTAYAM DISTRICT, PIN - 686001.
SRI.P.VIJAYARAGHAVAN, SC
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15756 OF 2024
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JUDGMENT
The petitioner singularly seeks a direction to the 1st respondent to consider Ext.P2 representation, thus permitting her to pay off the entire outstanding in the loan account availed of from them in 30 equal monthly installments. She also seeks that the 1st respondent be directed to provide her an Account Statement, so as to enable her to do as afore.
2. However, in response to the afore submissions of Sri.P.T.Sheejish - learned counsel for the petitioner, Sri.P.Vijayaraghavan
- learned Standing Counsel for the respondent Bank, submitted that the representation made by the petitioner is not liable to be considered because the terms of the loans have long expired; and that the best which can be offered to the petitioner is that she be permitted to pay off the entire liability in lumpsum, under a WP(C) NO. 15756 OF 2024 -3- proper settlement to be offered by her. He added that, for this, petitioner will have to make a proper application, offering the upfront payment and indicating the manner in which the balance will be liquidated; which will then be considered by the competent Authority of the Bank, subject to applicable terms. He, however, explained that there is no 'One-Time-Settlement' scheme as of now.
3. I have no doubt that the afore stand of the respondent-Bank is the most apposite in the circumstances presented because, this Court cannot direct them to allow borrowers to settle loan accounts in installments, unless it is conceded; and hence, the only other option for the petitioner is to seek a 'One-Time- Settlement', as per the terms to be fixed by the Bank. For this, she will have to make a proper offer, indicating the amount that she will be WP(C) NO. 15756 OF 2024 -4- able to pay upfront and the manner in which the balance will be honoured.
In the afore circumstances,
(a) I allow this Writ Petition to the limited extent of leaving liberty to the petitioner to file an appropriate application before the Bank, seeking settlement of her loan account; and if this is done within a period of one month from the date of receipt of a copy of this judgment, the same shall be considered by its competent Authority, stipulating the terms under which it can be accepted - if it is so acceptable; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible thereafter.
(b) Needless to say, I have not entered into any of the rival contentions of the parties, including as to whether the petitioner is entitled to One-Time-Settlement or otherwise, WP(C) NO. 15756 OF 2024 -5- and these matters are left open to the Bank to decide appropriately on a case-by-case basis, after hearing the petitioner.
(c) It also goes without saying that, until such time as the afore is done and the resultant order communicated to the petitioner - in the event she invokes the remedy reserved to her in
(a) above, all further coercive recovery action against her will stand deferred; but which can be taken forward based on such a decision, without having to obtain any further orders from this Court thereafter.
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DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 15756 OF 2024 -6- APPENDIX OF WP(C) 15756/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'SN MICRO FINANCE ACTION FORUM' MR. ANEESH KUMAR BEFORE THE 1ST RESPONDENT