Kerala High Court
Jerry K.George vs Indian Bank on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 22695 OF 2021
PETITIONER:
JERRY K.GEORGE,
AGED 34 YEARS
S/O. LATE P.G. KUNJUMON,
RESIDING AT CHOORACKKATTU PADEETTATHIL,
PERINGALA (P.O), KAYAMKULAM, ALAPPUZHA DISTRICT.
BY ADVS.
M.V.THAMBAN
R.REJI
THARA THAMBAN
B.BIPIN
ARUN BOSE
SUNEESH KUMAR R.
RESPONDENTS:
1 INDIAN BANK,
REPRESENTED BY ITS BRANCH MANAGER,
KAYAMKULAM BRANCH, KAYAMKULAM (P.O),
ALAPUZHA DISTRICT, PIN 690 502.
2 THE AUTHORIZED OFFICER, INDIAN BANK
KAYAMKULAM BRANCH, KAYAMKULAM P.O,
ALAPPUZHA DISTRICT, PIN 690 502.
BY ADV. SRI. S. EASWARAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22695 OF 2021
2
BECHU KURIAN THOMAS, J
==========================
W.P.(C) No.22695 of 2021
---------------------------------------
Dated this the 19 th 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 is Rs.24,75,574/-. 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
WP(C) NO. 22695 OF 2021
account.
4. I have heard Adv.M.V.Thamban, the learned counsel for
the petitioner as well as Adv.S.Easwaran, 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 am of the view that the
petitioner can be granted an opportunity to repay the
overdue amount in '12' 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.24,75,574/- along with bank charges and interest
from the petitioner and to regularise the loan account of
the petitioner on the following conditions:
(i). The overdue amount of Rs.24,75,574/- shall be
repaid in '12' equated monthly instalments.
(ii). The first instalment shall be paid on or before
15.12.2021.
WP(C) NO. 22695 OF 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.
(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/20/11/2021
WP(C) NO. 22695 OF 2021
APPENDIX OF WP(C) 22695/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MR BRAIN SCREENING WITH
ANGIOGRAPHY REPORT OF THE PETITIONER DATED
01.12.2020.
EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
05.01.2021 ISSUED BY DR. ANISH NINAN, ST.
GREGARIOUS MEDICAL MISSION HOSPITAL, PARUMALA.
EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
13.07.2021 ISSUED BY DR. ANAND SRINIVASAN, DR.
K.M. CHERIAN INSTITUTE OF MEDICAL SCIENCE,
KALLISSERY.
EXHIBIT P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED
05.12.2020 ISSUED FROM ST. GREGARIOUS MEDICAL
MISSION HOSPITAL, PARUMALA.
EXHIBIT P5 TRUE COPY OF THE POSSESSION NOTICE DATED
08.10.2021 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
