Shaji.N vs The Authorised Officer
2021 Latest Caselaw 17028 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                       WP(C) NO. 16169 OF 2021
PETITIONERS:

    1     SHAJI.N., AGED 53 YEARS
          S/O NARAYANAN, PROPRIETOR,M/S VAISAKE MARKETING
          PP VI/1357/1, USHUS BUILDING, POTHENCODE.P.O,
          THIRUVANANTHAPURAM DISTRICT,
          PERMENENTLY RESIDING AT NARAYANA, POTHENCODE.P.O,
          THIRUVANANTHAPURAM-695584.

    2     MOLLY.S, AGED 46 YEARS
          W/O.SHAJI.N.S, NARAYANA, POTHENCODE.P.O,
          THIRUVANANTHAPURAM-695584.

          SMT.G.RANJITA



RESPONDENT:

          THE AUTHORISED OFFICER,
          ASSISTANT VICE PRESIDENT, THE FEDERAL BANK LTD,
          LCRD/THIRUVANANTHAPURAM DIVISION, 4TH FLOOR, FEDERAL
          TOWERS, STATUE, THIRUVANANTHAPURAM DISTRICT-695001.

          SRI. SUNIL SHANKER - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16169 OF 2021

                                2



                            JUDGMENT

The limited plea of the petitioners is that they be

allowed to pay off the entire liability in a loan facility availed

of by them from the respondent - Bank with a time frame to

be fixed by this Court.

2. The learned standing counsel for the Bank - Sri.Sunil

Shanker, however, opposes the afore plea saying that the

petitioners had earlier approached this Court to obtain Ext.P1

judgment, wherein, they were asked to avail their statutory

alternative remedy. He submitted that, therefore, this writ

petition is not maintainable.

3. After saying as afore, Sri.Sunil Shanker submitted

that if the petitioners only require time to pay off the entire

loan liability in installments, they would not stand in the way,

provided that they are directed to pay substantial amounts by

the end of this month. He added that the total liability in the

loan account is over 65 lakhs and that certain additional

charges and interest will also have to be added to it. He then

prayed that the petitioners may be directed to pay off the WP(C) NO. 16169 OF 2021

entire liability not later than the end of March, 2022.

4. In the afore circumstances and taking note of the

consent of the Bank to the afore extent, I order this writ

petition and direct the petitioners to pay entire outstanding

liability in their loan account, along with all applicable

charges and interest, in seven equal monthly installments

commencing from 24.09.2021.

Needless to say, if the petitioners pay off the liability in

the manner afore, all action pursuant to Ext.P3 shall stand

deferred; however, clarifying that if, on the contrary, the

petitioners commit default of payment of any of the

installments above, the proceedings from the stage at which

Ext.P3 presently remains can be taken forward by the Bank

without any further orders.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 16169 OF 2021

APPENDIX OF WP(C) 16169/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 21/01/2021 HON'BLE HIGH COURT IN WP(C)NO.1559/2021.

Exhibit P2 TRUE COPY OF THE ORDER DATED 24/2/2021 OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM

Exhibit P3 TRUE COPY OF THE NOTICE OF ADVOCATE COMMISSIONER DATED 28/7/2021.