Yeldho Babu Paramban vs The Authorized Officer
2021 Latest Caselaw 22138 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                       WP(C) NO. 23075 OF 2021
PETITIONER:

          YELDHO BABU PARAMBAN
          AGED 43 YEARS
          S/O BABU, PARAMBATH HOUSE, THIRUVANIYOOR, ERNAKULAM-682
          308.
          BY ADV C.R.SANISH


RESPONDENTS:

    1     THE AUTHORIZED OFFICER
          UNION BANK OF INDIA, PIRAVOM BRANCH, KATTOKKARAYIL
          BUILDING, KADAVU ROAD, DEVIPADY, PIRAVOM P.O.ERNAKULAM,
          PIN-686 664.
    2     UNION BANK OF INDIA
          NODAL REGIONAL OFFICE, ERNAKULAM UNION BANK BHAVAN, 2ND
          FLOOR, M.G.ROAD, CCOCHIN-682 035, REPRESENTED BY ITS
          AUTHORIZED OFFICER.
OTHER PRESENT:

          SRI.ASP.KURUP,SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23075 OF 2021
                                        2

                      BECHU KURIAN THOMAS, J
                   ................................................
                  W.P.(C) NO.23075 OF 2021
                  ...........................................
           Dated this the 5th 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 hearing, petitioner has confined the relief to

an opportunity for repaying the total outstanding amount in instalments.

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

petitioner committed default in repayment and the total outstanding

amount is Rs.15,56,518/-. 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 total

outstanding amount in limited instalments.

4. I have heard Adv.Sanisha C.R, the learned counsel for the

petitioner as well as Adv.A.S.P.Kurup, the learned Standing Counsel 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 WP(C) NO. 23075 OF 2021

am of the view that the petitioner can be granted an opportunity to repay

the total outstanding amount in four instalments.

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

accept repayment of the entire outstanding amount of Rs.15,56,518/-

along with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.15,56,518/-

shall be repaid in four equated monthly instalments.

(ii) The first instalment shall be paid on or before 30/11/2021.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

          (iv)    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 AJM WP(C) NO. 23075 OF 2021

APPENDIX OF WP(C) 23075/2021

PETITIONER'S EXHIBITS :

Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 30.11.2016 IN WPC 36858 OF 2016.

Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 28.9.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 12.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS : NIL




AJM                   //TRUE COPY//             PA TO JUDGE