Cherian Daniel vs Canara Bank
2021 Latest Caselaw 22937 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. 24917 OF 2021
PETITIONER :

          CHERIAN DANIEL,,
          AGED 65 YEARS
          S/O.DANIEL, PANACHOOR HOUSE,
          PERISSERY, ALA P.O., CHENGANNUR,
          ALAPPUZHA, PIN-689126.

          BY ADVS.
          K.R.VINOD
          M.S.LETHA
          K.S.SREEREKHA



RESPONDENTS :

    1     CANARA BANK,
          REPRESENTED BY ITS BRANCH MANAGER,
          CHENGANNUR BRANCH, ALAPPUZHA,
          KERALA, PIN-689121.

    2     THE AUTHORIZED OFFICER,
          REGIONAL OFFICE CANARA BANK,
          GROUND FLOOR, BSNL BUILDING, IRON BRIDGE,
          ALAPPUZHA, KERALA, PIN-688011.

          SRI.M.GOPIKRISHNAN NAMBIAR, SC




     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. 24917 OF 2021
                                          2


                      BECHU KURIAN THOMAS, J.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                       W.P.(C) No.24917 of 2021
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
               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 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 total outstanding amount as

on today is Rs.20,45,807.16. 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.K.R.Vinod, the learned counsel for the

petitioner as well as Adv.M.Gopikrishnan Nambiar, 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

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

outstanding amount in '15' instalments. WP(C) NO. 24917 OF 2021

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

accept repayment of the entire outstanding amount of Rs.20,45,807.16 along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.20,45,807.16 shall be repaid in '15' equated monthly instalments.

(ii) The first instalment shall be paid on or before 21.12.2021.

(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

RKM WP(C) NO. 24917 OF 2021

APPENDIX OF WP(C) 24917/2021

PETITIONER'S EXHIBITS :

Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE DATED 11.10.2021 ISSUED BY THE 2ND RESPONDENT FOR AND ON BEHALF OF THE 1ST RESPONDENT.

Exhibit P2 THE COPY OF THE RECEIPT DATED 25.10.2021 ISSUED FROM 1ST RESPONDENT BANK.

Exhibit P3 THE COPY OF THE RECEIPT DATED 26.10.2021 ISSUED FROM 1ST RESPONDENT BANK.

Exhibit P4 THE COPY OF THE RECEIPT DATED 27.10.2021 ISSUED FROM 1ST RESPONDENT BANK.

Exhibit P5 THE COPY OF THE RECEIPT DATED 29.10.2021 ISSUED FROM 1ST RESPONDENT BANK.

Exhibit P6 THE COPY OF THE RECEIPT DATED 01.11.2021 ISSUED FROM 1ST RESPONDENT BANK.