Kerala High Court
Thymoor M.I vs The People'S Urban Co-Operative ... on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 24075 OF 2021
PETITIONER:
THYMOOR M.I.
AGED 47 YEARS
S/O.ISMAIL,
RESIDING AT MANATH VADAKKE PUTHENPURAYIL HOUSE,
THRIKKAKARA P.O.,
ERNAKULAM - 682 016.
BY ADV RINNY STEPHEN CHAMAPARAMPIL
RESPONDENTS:
1 THE PEOPLE'S URBAN CO-OPERATIVE BANK LTD NO.51,
THRIPUNITHARA,
THRIAKKAKARA BRANCH,
REP. BY ITS BRANCH MANAGER,
THRIKKAKARA P.O.,
KAKKANAD,
ERNAKULAM DISTRICT - 682 016.
2 THE GENERAL MANAGER & AUTHORIZED OFFICER,
THE PEOPLE'S URBAN CO-OPERATIVE BANK LTD. NO.51
THRIPUNITHARA,
MAIN ROAD, EAST FORT GATE,
THRIPPUNITHURA MAIN ROAD,
SH15, THRIPPUNITHURA, KOCHI - 682 301.
SC DEVAPRASANTH P.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24075 OF 2021
2
BECHU KURIAN THOMAS, J
===========================
W.P.(C) No.24075 of 2021
---------------------------------------
Dated this the 3 rd day of November, 2021
JUDGMENT
Petitioner as 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 the hearing, petitioner has
confined the relief to an opportunity for repaying
the overdue amount in instalments and to obtain
regularisation 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 was Rs.74,76,325/-. It was
further submitted that though proceedings for
recovery have been initiated, as a matter of
indulgence, the respondent Bank is willing to accept
WP(C) NO. 24075 OF 2021
repayment of the overdue amount in limited
instalments and regularise the loan account.
4. I have heard Adv.Rinny Stephen Chamaparampil, the
learned counsel for the petitioner as well as
Adv.Devaprasanth.P.J., the learned Standing Counsel
for 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
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.74,76,325/- along with bank
charges from the petitioner and to regularise the
WP(C) NO. 24075 OF 2021
loan account of the petitioner on the following
conditions:
(i). The overdue amount of Rs.74,76,325/- shall
be repaid in a total of '16' instalments, on
condition that an amount of Rs.2,50,000/-
(Rupees Two lakhs fifty thousand only) shall be
paid by the petitioner on or before 11.11.2021.
(ii). If the said amount is paid as directed
above, the petitioner will be entitled to clear
the balance amount, after deducting the said
amount of Rs.2,50,000/-, in '15' equated
monthly instalments, commencing from
10.12.2021.
(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 respondent bank shall be entitled
to proceed in accordance with law.
WP(C) NO. 24075 OF 2021
(v) In order to enable the petitioner to repay
the entire amounts, all coercive proceedings
shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/03/11//2021
WP(C) NO. 24075 OF 2021
APPENDIX
PETITIONER(S) EXHIBITS:
EXT.P1 COPY OF THE PATIENT BILL (SUMMARY) ISSUED ON
30.04.2019 FROM THE ASTER DM MEDICITY, KOCHI.
EXT.P2 COPY OF THE AFFIDAVIT FILED BY THE AUTHORIZED
OFFICER IN MC NO.664/2019.
EXT.P3 COPY OF THE NOTICE DATED 26.10.2021 ISSUED BY THE
ADVOCATE COMMISSIONER.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
