Benny Abraham vs Authorised Officer
2021 Latest Caselaw 22956 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. 2625 OF 2021
PETITIONER :

          BENNY ABRAHAM,
          AGED 45 YEARS,
          S/O. KURIEN ABRAHAM, AADUKUZHIYIL HOUSE,
          MUVATTUPUZHA (P.O.), ERNAKULAM DISTRICT.

          BY ADVS.
          R.BINDU (SASTHAMANGALAM)
          M.P.PRASANTH



RESPONDENTS :

    1     AUTHORISED OFFICER,
          ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED, KAKKANAD,
          ERNAKULAM, 682 030, (NOW THE KERALA STATE CO-OPERATIVE
          BANK LIMITED.).

    2     THE BRANCH MANAGER,
          ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED,
          MUVATTUPUZHA TOWN BRANCH, MUVATTUPUZHA, 686 661,
          (NOW THE KERALA STATE CO-OPERATIVE BANK LIMITED).

          BY SRI.GILBERT GEORGE CORREYA, 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. 2625 OF 2021
                                        2

                   BECHU KURIAN THOMAS, J.
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                    W.P.(C) No.2625 of 2021
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            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 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 as on

30.10.2021 is Rs.31,54,967/-. 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 account.

4. I have heard Adv.R.Bindu Sasthamangalam, learned counsel

for the petitioner as well as Adv.Gilbert George Correya, 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 WP(C) NO. 2625 OF 2021

to repay the overdue amount in fifteen 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.31,54,967/- along

with bank charges from the petitioner and regularise the loan account of

the petitioner on the following conditions :

(i) The overdue amount of Rs.31,54,967/- shall be repaid in fifteen equated monthly instalments.

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

(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.

(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 RKM WP(C) NO. 2625 OF 2021

APPENDIX OF WP(C) 2625/2021

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE PETITIONERS ACCOUNT.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 13.02.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 27.01.2021 ALONG WITH ITS TRUE TRANSLATION IN ENGLISH.

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 27.01.2021.