Rajamma Abraham vs Hdfc Bank Ltd
2021 Latest Caselaw 23955 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                       WP(C) NO. 28531 OF 2021
PETITIONER:

          RAJAMMA ABRAHAM,
          AGED 71 YEARS
          W/O. ABRAHAM, ANUGRAH, KISSAN ROAD, MANAL, ALAVIL,
          KANNUR 670 008.
          BY ADV V.A.VINOD


RESPONDENTS:

    1     HDFC BANK LTD.,
          REPRESENTED BY ITS AUTHORISED OFFICER, HDFC HOUSE P.O.
          NO. 1667, RAVIPURAM JUNCTION, M.G. ROAD, ERNAKULAM 682
          015.
    2     HDFC LTD.,
          REPRESENTED BY ITS BRANCH MANAGER, KANNUR BRANCH, KVR
          TOWERS, SOUTH BAZAR, KANNUR 670 002.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28531 OF 2021
                                         2

                    BECHU KURIAN THOMAS, J
                  ................................................
                   W.P.(C) NO.28531 OF 2021
                   ...........................................
            Dated this the 13th day of December, 2021


                                 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.9,19,661/-. 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. 28531 OF 2021

4. I have heard Sri.V.A.Vinod, learned counsel for the

petitioner as well as Sri.K.K.Chandran Pillai, the learned

Standing Counsel for the 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 of the view that the

petitioner can be granted an opportunity to repay the total

outstanding amount in '8' instalments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire total

outstanding amount of Rs.9,19,661/- along with bank

charges from the petitioner on the following conditions:

(i) The total outstanding amount of Rs.9,19,661/-

shall be repaid in '8' equated monthly instalments.

(ii) The first instalment shall be paid on or before 31/12/2021.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

WP(C) NO. 28531 OF 2021

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 28531 OF 2021

APPENDIX OF WP(C) 28531/2021

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED NIL.

RESPONDENT'S EXHIBITS : NIL


AJM              //TRUE COPY//          PA TO JUDGE