Kerala High Court
Shinu vs The Authorised Officer on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 26998 OF 2021
PETITIONERS:
1 SHINU
AGED 45 YEARS
W/O. ANIL KUMAR, VELUPAMPARAMBU CHUNGAM,
IRON BRIDGE, ALAPPUZHA 688 611
2 ANIL KUMAR
AGED 50 YEARS
S/O. GOPANATHANPILLAI, VELUPAMPARAMBU CHUNGAM,
IRON BRIDGE, ALAPPUZHA 688 611
BY ADVS.
A.T.ANILKUMAR
V.SHYLAJA
RESPONDENT:
THE AUTHORISED OFFICER
HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, HDFC
HOUSE P.O NO. 1667
RAVIPURAM JUNCTION, MG ROAD, KOCHI 682 015
BY ADV.S.AMBILY-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26998 OF 2021
2
BECHU KURIAN THOMAS, J
=======================
W.P.(C) No. 26998 of 2021
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Dated this the 30th day of November, 2021
JUDGMENT
Petitioners as borrowers from the respondent-Bank,
have committed default in repayment. Consequently,
proceedings have been initiated by the Bank for recovery
of the amounts due.
2. During the course of hearing, petitioners have
confined their 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 petitioners committed default in repayment and
the overdue amount is Rs.5,48,933/-. 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 Sri.A.T.Anil Kumar, the learned
WP(C) NO. 26998 OF 2021
counsel for the petitioners as well as Smt.S.Ambily, the
learned Standing Counsel for the respondent.
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 petitioners 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.5,48,933/- along with bank charges
from the petitioners and to regularise the loan account of
the petitioner on the following conditions:
(i). The overdue amount of Rs.5,48,933/-
shall be repaid in '12' equated monthly
instalments.
(ii). The first instalment shall be paid on or
before 22.12.2021.
(iii). Petitioners shall continue to pay the
WP(C) NO. 26998 OF 2021
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 petitioners to
repay the entire amounts, all coercive
proceedings against the petitioners shall be
kept in abeyance.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AJM
WP(C) NO. 26998 OF 2021
APPENDIX OF WP(C) 26998/2021
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED BY THE
BANK ON 27-10-2021
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER IN MC NO.
512/2019 ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE COURT ALAPPUZHA.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
WP(C) NO. 26998 OF 2021
