Fairoose vs The Branch Manager
2021 Latest Caselaw 2594 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       WP(C).No.796 OF 2021(Y)


PETITIONER:

               FAIROOSE,
               AGED 32 YEARS,
               SS/O. LATE KUTTYHASSAN V.P., VALIYAPARAMBIL (H),
               ATHRISSERI P.O., PONMUNDAM, TIRUR - 676 106.

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

               THE BRANCH MANAGER,
               STATE BANK OF INDIA, PULPARAMBA BRANCH,
               MALAPPURAM - 673 634.

               BY ADVS. SRI.GEORGE THOMAS (MEVADA)(SR.)
                        SRI.AMAL GEORGE


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.796 OF 2021(Y)

                                        2




                                   JUDGMENT

The petitioner is aggrieved by

Ext.P2 letter issued by the respondent Bank

proposing recovery proceedings towards the

defaulted loan amount.

2. According to the petitioner, his

father had availed the loan and he passed away

on 14.01.2019 and petitioner is not in a

position to make the payment immediately.

However, it is stated that in case, instalment

facility is allowed and the payment is

rescheduled, he would be able to make the

payment.

3. Sri.Amal George, the learned Standing

Counsel for the Bank, on instructions submits

that the amount outstanding against the

petitioner is Rs.1,15,159/- as on 14.01.2021.

It is stated that the loan itself is granted WP(C).No.796 OF 2021(Y)

on condition that it should be repaid within

twelve months. However, the learned Standing

Counsel submitted that in case petitioner

makes payment in instalments, the proceedings

for recovery can be stalled.

In the aforesaid circumstances, the

writ petition is disposed of permitting the

petitioner to make the payment of the

outstanding amount in eight equal monthly

instalments starting from 15.03.2021. In case

petitioner commits any default in payment of

any of the instalments, the Bank would be at

liberty to proceed with the recovery

proceedings, in accordance with law.

Sd/-

P.V.ASHA JUDGE

ww WP(C).No.796 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 05-08-2019 OF THE PETITIONER'S FATHER.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 13-10-2020 ISSUED TO PETITIONER'S FATHER BY RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 30-11-2020 FOR REPHASEMENT.