Biju.D vs The Indian Bank
2021 Latest Caselaw 7956 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                       WP(C).No.5065 OF 2021(G)


PETITIONER:

               BIJU.D
               AGED 47 YEARS
               S/O DEVARAJAN.,
               RESIDING AT KAVUVILA PADINJATTETHIL,
               UNIVERSAL NAGAR 125,
               KILIKOLLOOR P.O., KOLLAM DISTRICT.

               BY ADV. SMT.K.V.RASHMI

RESPONDENTS:

      1        THE INDIAN BANK, KADAPPAKKADA BRANCH,
               KANDATHIL BUILDING
               KADAPPAKKADA P.O., KOLLAM DISTRICT-691008.
               REPRESENTED BY ITS MANAGER.

      2        THE DEPUTY THAHSILDAR
               TAKUL KACHERY,
               KOLLAM, KERALA-691001.

      3        THE VILLAGE OFFICER
               KILIKKALLOOR VILLAGE,
               KOLLAM DISTRICT-691019.



               ADV.SRI.S.EASWARAN,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5065 OF 2021(G)

                                          2




                                   JUDGMENT

Dated this the 08th day of March 2021

The petitioner had availed a loan from the 1 st

respondent bank in the year, 2017. There was a

default in payment of the loan for the period

from December, 2019 onwards, based on which, the

bank initiated proceedings for revenue recovery

and issued Ext.P1 notice on 20.12.2020. The

petitioner submitted a representation before the

1st respondent seeking installment facility.

2. The writ petition is filed stating that

the petitioner is willing to make the payment of

overdue amount in installments.

3. The learned Standing counsel,

Adv.Sri.S.Easwaran, on instructions submitted

that a sum of Rs.3,49,657/- is the amount

outstanding in the account of the petitioner and

the petitioner can be given installment facility. WP(C).No.5065 OF 2021(G)

In the said circumstances, the petitioner is

allowed to make the payment of outstanding amount

in 12 equal monthly installments starting from

March, 2021 onwards along with regular EMI. In

that event, revenue recovery proceedings shall be

kept in abeyance. In case, the petitioner

commits any default in any of the monthly

installments, the respondents would be free to

resume the proceedings initiated for recovery.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.5065 OF 2021(G)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DEMAND AND REVENUE RECOVERY NOTICE DATED 20.12.2020 SERVED ON THE PETITIONER ON 17/02/2021 ISSUED BY THE 2ND RESPONDENT WITH ENGLISH TRANSLATION.

EXHIBIT P2 A TRUE COPY OF THE STATEMENT OF ACCOUNT TILL 17/02/2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17/02/2021.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE