Biju P.V vs The Meenachil East Urban ...
2021 Latest Caselaw 22871 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 14243 OF 2017
PETITIONER/S:

           BIJU P.V
           AGED 38 YEARS
           S/O.VELAYADHUNAN,PANAMOOTTIL HOUSE, ELAMKADU
           P.O.,KOTTAYAM 686 514.
           BY ADVS.
           SRI.G.HARIHARAN
           SRI.PRAVEEN.H.


RESPONDENT/S:

     1     THE MEENACHIL EAST URBAN CO-OPERATIVE BANK
           POONJAR, KOTTAYAM DISTRICT 686 581.
     2     SMT.V.R.PRASANNA KUMARI
           ADVOCATE COMMISSIONER,71, A-1, MALIACKAL BUILDING,NEAR
           CHILDREN'S PARK, COLLECTORATE P.O.,KOTTAYAM 686 002
           BY ADV SRI.GEORGEKUTTY MATHEW


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14243 OF 2017
                                             2



                         BECHU KURIAN THOMAS, J
                     ===========================
                            W.P.(C) No.14243 of 2017
                        ---------------------------------------
                      Dated this the 23rd 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 outstanding amount in instalments.

3. It was submitted on behalf of the respondent-Bank that the

petitioner committed default in repayment and the outstanding amount

is Rs.13,80,897/-. 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 outstanding amount in limited

instalments.

4. I have heard Adv.G.Hariharan, the learned counsel for the

petitioner as well as Adv.George Kutty Mathew, the learned Counsel for

the first respondent.

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

situation now prevailing, apart from the submissions made as recorded WP(C) NO. 14243 OF 2017

above, I am of the view that the petitioner can be granted an

opportunity to repay the outstanding amount in '12' instalments.

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

to accept repayment of the entire outstanding amount of

Rs.13,80,897/-/- along with bank charges from the petitioner on the

following conditions:

(i). The outstanding amount of Rs.13,80,897/- shall be

repaid in '12' equated monthly instalments.

(ii). The first instalment shall be paid on or before 20.12.2021.

(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 WP(C) NO. 14243 OF 2017

APPENDIX OF WP(C) 14243/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 23/10/2013 ISSUED BY THE VILLAGE OFFICER KOOTTIKKAL VILLAGE.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 9/2/2016 ISSUED BY THE YENAYAR BRANCH OF THE 1ST RESPONDENT BANK EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 18/10/2016 ISSUED BY THE 2ND RESPONDENT U/S. 14 OF THE SARFAESI ACT EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 8/2/2017 ISSUED BY THE 1ST RESPONDENT BANK INFORMING THE PETITIONER TO AVAIL THE BENEFITS OF OTS SCHEME