Sooraj.S vs The Chief Manager/Authorised ...
2021 Latest Caselaw 1142 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                        WP(C).No.376 OF 2021(V)


PETITIONER/S:

                SOORAJ.S, AGED 30 YEARS
                S/O.SUPRAN K.A., MUPPATHUPARA HOUSE,
                ANTONY VAIDYAR ROAD, THOPPUMPADY P.O., CHULLIKKAL,
                ERNAKULAM 682 005

                BY ADVS.
                SRI.PRATHEESH.P
                SMT.S.REKHA KUMARI
                SMT.S.SEETHA
                SMT.ANJANA KANNATH

RESPONDENT/S:

      1         THE CHIEF MANAGER/AUTHORISED OFFICER
                UNION BANK OF INDIA, REGIONAL OFFICE, 2ND FLOOR,
                UNION BANK BHAVAN, M.G.ROAD, COCHIN 682 035

      2         BRANCH MANAGER
                UNION BANK OF INDIA,NEERPARA BRANCH, ARAYANKAVU,
                KULAYETTIKKARA, ERNAKULAM 682 317




                SRI.N.REGHURAJ, STANDING COUNSEL
                SRI. A.S.P. KURUP, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.376 OF 2021                  2




                                  JUDGMENT

Dated this the 12th day of January 2021

Heard the learned counsel appearing for the petitioner.

2. The petitioner had availed a housing loan from the

respondent bank to the tune of Rs.8,50,000/- (Rupees eight lakhs

and fifty thousand only). For recovery of that loan, the

respondent bank has already instituted civil suit which registered

as O.S. NO.1218/2020 and is pending before the Court of learned

Munsiff at Ernakulam.

3. By this writ petition, the petitioner, who is the

defendant in the civil suit is praying for grant of 12 equal monthly

instalments to clear the EMI arrears and to regularise the loan.

4. In other words, the petitioner, who is the defendant in

the suit is not disputing the liability, but he seeks instalment

facility to clear the liability. The same can be done by moving

appropriate application in the pending civil suit before the Court of

learned Munsiff at Ernakulam.

5. In this view of the matter, the writ petition is disposed

of, by permitting the petitioner to move appropriate application for

grant of instalments before the Munsiff's Court, Ernakulam in the

pending civil suit. If such application is moved by admitting the

claim made by the plaintiff in the civil suit, the Court of learned

Munsiff, Ernakulam to decide the same, in accordance with the

provisions of law.

The writ petition is accordingly, disposed of.

Sd/-

                                                 A.M.BADAR
ajt                                                JUDGE





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1             THE COPY OF THE NOTICE ISSUED BY THE 1ST
                       RESPONDENT DATED 2.12.2019

EXHIBIT P2             THE COPY OF THE O.S.NO.1218/2020 FILED

BEFORE THE MUNSIFF COURT, ERNAKULAM DATED 8.12.2020