Antony Kunjappu J vs The Catholic Syrian Bank Limited
2021 Latest Caselaw 12758 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   MONDAY, THE 7TH DAY OF JUNE 2021 / 17TH JYAISHTA, 1943

                   WP(C) NO. 11882 OF 2021

PETITIONERS:

         1.    ANTONY KUNJAPPU J
               S/O JOSE KUNJAPPU, AGED 36 YEARS
               RESIDING AT KUNJAPPU HOUSE
               ELTHURUTH P.O., THRISSUR 680 611

         2.    ROBIN JOSE
               S/O JOSE KUNJAPPU, AGED 32 YEARS
               RESIDING AT KUNJAPPU HOUSE
               ELTHURUTH P.O., THRISSUR 680 611


         BY ADVS.
         T.C.SURESH MENON
         P.S.APPU


RESPONDENTS:

         1.    THE CATHOLIC SYRIAN BANK LIMITED
               THRISSUR-EAST FORT BRANCH
               ANGELIC TOWER, PALAKKAD MAIN ROAD
               NEAR LOURDE METROPOLITAN CHURCH
               EAST FORT, THRISSUR-680005
               REP. BY ITS BRANCH MANAGER
 W.P.(C) No.11882/21                 -:2:-



              2.      THE BRANCH MANAGER
                      THE CATHOLIC SYRIAN BANK LIMITED,
                      THRISSUR-EAST FORT BRANCH
                      ANGELIC TOWER, PALAKKAD MAIN ROAD
                      NEAR LOURDE METROPOLITAN CHURCH
                      EAST FORT, THRISSUR-680005




              SRI.MADHU RADHAKRISHNAN, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.11882/21                   -:3:-




                                  JUDGMENT

Dated this the 7th day of June, 2021

The issue raised in this writ petition relates to gold loans taken

by the petitioners.

2. The dues sought to be recovered as on 31.5.2021 from the

1st petitioner totals to Rs.7,25,128/- and Rs.6,97,119/- from the 2 nd

petitioner. It is submitted by the learned counsel for the petitioners

that even though the petitioners had offered to clear the arrears

within three weeks from 31.5.2021, as is evident from Ext.P3 and

Ext.P4, due to the prevailing pandemic situation, they are not in a

position to abide by the said affirmation.

3. Learned Standing Counsel for the respondents bank, upon

instructions, agrees to show some indulgence to the petitioners by

offering them an opportunity to regularise their account, provided the

amounts in default are repaid within four weeks. It is pointed out that

the amounts due from the 1st petitioner is Rs.1,78,703/- and that from

the 2nd petitioner is Rs.1,67,830/- for regularising the accounts.

4. Taking into consideration, the limited jurisdiction of this

Court, as well as the amounts due, as noted above, I direct the

petitioners to pay the amount of Rs.1,78,703/- and Rs.1,67,830/-

within a period of six weeks from today. In the event of such

payment being made, the respondent shall regularise the loan

account of the petitioners. Needless to say, in the event of default of

payment of the said amounts, the respondent will be entitled to

proceed in accordance with law.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX

PETITIONER'S/S' EXHIBITS:

EXT.P1 TRUE COPY OF THE NOTICE FOR CLOSURE & AUCTION OF GOLD LOAN ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER, DATED 17.5.2021

EXT.P2 TRUE COPY OF THE NOTICE FOR CLOSURE & AUCTION OF GOLD LOAN ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER, DATED 17.5.2021

EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT, DATED 31.5.2021

EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT, DATED 31.5.2021

RESPONDENT'S/S' EXHIBITS:

NIL