Ali Haider S.P vs The Branch Manager
2021 Latest Caselaw 16650 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                       WP(C) NO. 16145 OF 2021
PETITIONER:

          ALI HAIDER S.P., AGED 60 YEARS,
          S/O.LATE MUHAMMED SALI, T.C.46/483(1), SAREENA MANZIL,
          MANIKKAVILAKAM, BEEMAPALLI, VALLAKADAVU P.O.,
          PIN-695008, TRIVANDRUM DISTRICT.

          BY ADVS.
          ESM.KABEER
          C.SHEEBA



RESPONDENTS:

    1     THE BRANCH MANAGER,
          THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.,
          THIRUVANANTHAPURAM.

    2     THE GENERAL MANAGER, KERALA BANK,
          HEAD OFFICE, KB-FORT, THIRUVANANTHAPURAM.

          BY ADV.SRI.THOMAS ABRAHAM -SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16145 OF 2021
                                     -2-

                              JUDGMENT

The petitioner has approached this Court

conceding that he has defaulted payment of a loan

facility availed by him from the 1st respondent

Bank, which has now been merged with the 2 nd

respondent - Kerala Bank.

2. The petitioner says that default from his

side was occasioned only on account of the Covid-

19 pandemic restrictions which has virtually

destroyed his business. He, therefore, prays that

the respondent - Bank, be directed to grant him a

minimum of 15 monthly installments to pay off the

entire loan amount.

3. In response, Sri.Thomas Abraham - learned

Standing Counsel for the respondent - Bank,

submitted that the loan facility availed of by the

petitioner is an overdraft; and that, as on

31.07.2021, the balance therein is Rs.12,85,990/-. WP(C) NO. 16145 OF 2021

He submitted that if the petitioner is willing to

pay this amount, along with all applicable

charges, in 15 equal monthly installments, his

clients would not stand in the way.

Taking note of the afore, I allow this writ

petition permitting the petitioner to pay off the

entire balance in the loan amount, namely

Rs.12,85,990/- (Rupees twelve lakh eighty five

thousand nine hundred and ninety only) as on

31.07.2021, along with all applicable charges and

interest, in 15 equal monthly installments,

commencing from 28.09.2021.

Needless to say, if the petitioner defaults

payment of the installments as ordered above, the

Bank will be at full liberty to initiate

appropriate action for recovery against him as per

law and after affording him due opportunity.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 16145 OF 2021

APPENDIX OF WP(C) 16145/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 13.07.2021 ISSUED BY THE 1ST RESPONDENT WITH TRANSLATION.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE