Manju Jose vs The Authorised Officer
2021 Latest Caselaw 21666 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                              WP(C) NO. 23884 OF 2021
PETITIONER:

                  MANJU JOSE,
                  AGED 50 YEARS
                  W/O. JOSE OOMMEN,
                  VAROOR SHALOM VILLA, PUTHOOR P.O.,
                  KOTTARAKKARKA, KOLLAM DISTRICT 691 507.

                  BY ADVS.
                  V.PHILIP MATHEW
                  GIBI.C.GEORGE



RESPONDENTS:

       1          THE AUTHORISED OFFICER,
                  THE FEDERAL BANK LTD.,
                  LCRD MAVELIKKARA DIVISION, PADINJARETHALACKAL CHERIAN
                  CHAMBERS, PUTHIYAKAVU, MAVELIKKARA, ALAPPUZHA DISTRICT
                  690 101.

       2          THE FEDERAL BANK LTD.,
                  REPRESENTED BY ITS BRANCH/ CHIEF MANAGER, POLAYATHODE
                  BRANCH, KURUMPELIL AVENUE, POLAYATHODE KOLLAM 691 021.



                  ADV.LEO GEORGE FOR R1,2


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23884 OF 2021
                                 2

                  BECHU KURIAN THOMAS, J
              -------------------------------
                  WP(C) NO. 23884 OF 2021
              --------------------------------
           Dated this the 2nd day of November, 2021

                           JUDGMENT

Petitioner as a borrower from the respondent bank, has

committed default in repayment. Consequently, proceedings have

been initiated by the bank for recovery of the amounts due.

2. During the course of hearing, petitioner had confined

the relief to an opportunity for repaying the overdue amount in

instalments and to obtain regularization of the loan account.

3. It was submitted on behalf of the respondent bank that

the petitioner committed default in repayment and the overdue

amount is Rs.17,28,340/-. It was further submitted that though

proceedings for recovery have been initiated, as a matter of

indulgence, the respondent bank is willing to accept repayment of

the overdue amount in limited instalments and regularise the loan

account.

4. I have heard Adv. V.Philip Mathews, the learned counsel

for the petitioner as well as Adv. Leo George, the learned Counsel WP(C) NO. 23884 OF 2021

for the respondents.

5. Having regard to the circumstances of the case and the

situation now prevailing, apart from the submissions made as

recorded above, I am of the view that the petitioner can be

granted an opportunity to repay the overdue amount in 10

instalments and thereafter, if the amount so directed is repaid

within the time as directed above, to have the loan account

regularised.

6. Accordingly, there will be a direction to the respondent

bank to accept repayment of the entire overdue amount of

Rs.17,28,340/- along with bank charges from the petitioner and

regularise the loan account of the petitioner on the following

conditions:

i. The overdue amount of Rs. 17,28,340/- shall be repaid in 10 equated monthly instalments.

ii. The first instalment shall be paid on or before 30.11.2021.

iii. Petitioner shall continue to pay the regular EMI's along with the instalments directed above.

iv. In the event of default of any one instalment,the WP(C) NO. 23884 OF 2021

respondent bank shall be entitled to proceed in accordance with law.

v. In order to enable the petitioner to repay the entire amounts, all coercive steps shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ WP(C) NO. 23884 OF 2021

APPENDIX OF WP(C) 23884/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE PASSBOOK OF THE LOAN ACCOUNT (A/C. NO. 14597600002280).

Exhibit P2 COPY OF REPRESENTATION DATED 27.08.2020 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MANAGER OF THE SECOND RESPONDENT BANK.

Exhibit P3 COPY OF DEMAND NOTICE DATED 12.04.2021 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER UNDER SECTION 13 (2) OF THE SARFEASI ACT.

Exhibit P4 COPY OF THE NOTICE DATED 25.10.2201 ISSUED BY ADVOCATE COMMISSIONER (ADVOCATE ABDUL MASI) TO THE PETITIONER.