Ajithan R vs The Branch Manager
2021 Latest Caselaw 1665 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                       WP(C).No.1109 OF 2021(K)


PETITIONERS:

               AJITHAN R.
               AGED 55 YEARS
               T. C. 51/1748, A.A.NIVAS, SATHYAN NAGAR,
               THIRUVANANTHAPURAM DISTRICT, PIN - 695019.

               BY ADVS.
               SRI.V.MAHENDRANATH
               SRI.P.T.SHEEJISH

RESPONDENT:

               THE BRANCH MANAGER
               KERALA STATE CO-OPERATIVE BANK, PALAYAM BRANCH,
               THIRUVANANTHAPURAM - 695033.




               SC- SRI. THOMAS ABRAHAM

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1109 OF 2021(K)

                                      2

                               JUDGMENT

Dated this the 15th day of January 2021

By this petition, the petitioner is praying for directing the

respondent, not to take coercive proceedings for recovery of the

outstanding amount of loan and to permit him to pay loan in monthly

equated installments.

2. Heard both sides and perused the materials placed before

me.

3. Learned counsel for the petitioner submits that the

petitioner had availed a loan of Rs.7,35,000/- for the purpose of

establishing small scale business as fish vending. Because of the

financial crunch, he could not pay the EMI's of the loan which resulted

in declaring the loan account as Non-Performing Asset. Learned

counsel for the petitioner submits that the petitioner be given 10

monthly installments to clear the overdue amount of loan.

4. Learned counsel for the respondent Bank states that the

overdue amount of loan account of the petitioner is Rs.7,01,254/- and

if the petitioner is desirous of clearing the entire overdue amount in

monthly installments, the respondent Bank may not take any coercive

steps in the matter. Considering the fact that the petitioner is a small

scale business man vending fish and also that his business was

adversely affected due to the Covid-19 pandemic and also keeping in WP(C).No.1109 OF 2021(K)

mind the willingness of the petitioner to repay the amount of loan in

monthly installments, the petition is disposed of with the following

order.

a. The petitioner shall clear the entire overdue amount of loan

in ten equated monthly installments starting from 10/02/2021

apart from paying regular EMIs. If the petitioner follows this

direction, the respondent Bank should not take any coercive steps

against the petitioner for recovery of the amount of loan.

b. However if the direction so granted are not adhered to, the

respondent Bank shall be free to initiate proceedings as permissible

by law.

c. Needless to mention as taking into account, the facts

and circumstances of the case, the relief of granting 10 equated

monthly installments for clearing the overdue amount of the loan is

granted to the petitioner, any application for further extension of

time or that to pay the overdue amount of loan or EMIs shall not be

entertained.

The petition is disposed of accordingly.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.1109 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 01.10.2020 ISSUED BY THE RESPONDENT WITH ENGLISH TRANSLATION.