Bharathi.K vs M/S.Kerala Bank (Kerala State Co ...
2021 Latest Caselaw 8491 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                    WP(C).No.2109 OF 2021(K)


PETITIONER/S:

            BHARATHI.K,
            W/O.VIJAYAN.M.S.,
            RESIDING AT 4/299,
            MUNDEKKODE HOUSE,
            MUNDOOR, PALAKKAD TALUK,
            PALAKKAD DISTRICT.

            BY ADVS.
            SRI.G.HARIHARAN
            SMITHA PRAVEEN
            SRI.V.R.SANJEEV KUMAR

RESPONDENT/S:

      1     M/S.KERALA BANK (KERALA STATE CO OPERATIVE BANK)
            REGIONAL OFFICE,
            P.B.NO.21, H.P.O. ROAD,
            SULTHANPET,
            PALAKKAD-678 001, REPRESENTED
            BY ITS AUTHORISIED OFFICER, (EXECUTIVE OFFICER).

      2     REGISTRAR OF CO-OPERATIVE SOCIETIES,
            OFFICE OF THE REGISTRAR OF
             CO-OPERATIVE SOCIETIES,
            JAWAHAR SAHAKARANA BHAVAN,
            DPI JUNCTION,
            THYCAUD P.O., KERALA-695 014.

      3     STATE OF KERALA, REPRESENTED BY
            THE PRINCIPAL SECRETARY TO GOVERNMENT,
             DEPARTMENT OF CO-OPERATION,
            SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

      4     RESERVE BANK OF INDIA,
            LISSIE JUNCTION,
            ERNAKULAM NORTH,
            ERNAKULAM-682 018,
            REPRESENTED BY ITS AUTHORISED OFFICER.
 WP(C).No.2109 OF 2021(K)

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      5     UNION OF INDIA,
            REPRESENTED BY THE PRINCIPAL SECRETARY TO
            GOVERNMENT, MINISTRY OF FINANCE AND BANKING
            AFFAIRS, SANSAD MARG, NEW DELHI-110 001.

            BY ADV.SRI.M.SASINDRAN
            SR.GP K.P HARISH,
            ASG SRI.P VIJAYAKUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2109 OF 2021(K)

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                         JUDGMENT

The petitioner has approached this court lamenting

that though she has availed housing loan of Rs.20,000/-

(Rupees twenty lakhs only) from the respondent - bank on

22.01.2019, which was a cash credit facility and after

repayment of substantial amount, still huge amounts are

demanded. The petitioner, though claiming that she is in

extreme financial difficulty has offered to adopt the one

time settlement scheme. On a direction from this court,

the petitioner approached the bank and after negotiation,

it seems that some settlement has been arrived at, on a

condition that the petitioner shall pay the arrears which

has been calculated as Rs.4,52,126/- (Rupees four lakhs

fifty two thousand one hundred twenty six only) as on

27.01.2021. The learned counsel for the petitioner offers

to repay the said amount along with accrued interest in

three equal monthly installments On this payment, the

respondent-bank will regularise the balance loan amount WP(C).No.2109 OF 2021(K)

due. Accordingly, I am inclined to dispose of the Writ

Petition with a direction that the petitioner shall pay the

said amount in three equal monthly installments,

commencing from 20.04.2021. If the petitioner commits

default of any one of the installments, the entire amount

due as per the original agreement can be claimed and

petitioner will loose the above benefit. However, on

completion of the payment as above, the remaining loan

amount shall be regularised by the bank.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.2109 OF 2021(K)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF STATEMENT OF ACCOUNTS ISSUED BY THE 1ST RESPONDENT BANK ON 20.11.2020 RELATING TO LOAN AVAILED BY THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE SCHEDULE OF THE PROPERTY MORTGAGED BY THE PETITIONER TOWARDS THE LOAN AVAILED BY HER FROM THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 15.01.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE CASH RECEIPT DATED 31.12.2020 ISSUED BY THE RESPONDENT EVIDENCING RECEIPT OF RS.1/- LAKH.

EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO.RBI/2019-

20/186 DATED 27.03.2020 ISSUED BY THE 5TH RESPONDENT AS A PART OF COVID 19 REGULATORY PACKAGE.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.RBI/2020-

21/16 ON 06.08.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE RELIEF PACKAGE NOTIFICATION ISSUED BY THE RESERVE BANK OF INDIA ON 23.05.2020.

EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.RBI 2020-

21/34 DATED 07.09.2020 PRESCRIBING FRAME WORKS FOR COVID 19 RELATED STRESS - FINANCIAL PARAMETERS BY THE 5TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF CIRCULAR NO.28/2020 DATED 04.04.2020 ISSUED BY THE 2ND RESPONDENT.

WP(C).No.2109 OF 2021(K)

EXHIBIT P10 TRUE COPY OF CIRCULAR NO.47/2020 DATED 28.05.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF CIRCULAR NO.01/2021 DATED 01.01.2021 ISSUED BY THE 2ND RESPONDENT.

  RESPONDENT'S/S EXHIBITS        NIL