M.M Yousaf vs Can Fin Homes Ltd
2021 Latest Caselaw 23646 Ker

               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. 23839 OF 2021
PETITIONERS:

    1     M.M YOUSAF ,
          AGED 56 YEARS,
          S/O. MUHAMMED KUNJU,
          RESIDING AT MANAPPURATH PARAMBIL HOUSE,
          MIYYATH LANE, THOTTUMUGHAM P.O.,
          ALUVA-683 105.

    2     JASMINE P.A.
          AGED 48 YEARS,
          W/O. YOUSAF M.M., MANAPPURATH PARAMBIL HOUSE,
          MIYYATH LANE, THOTTUMUGHAM P.O.,
          ALUVA-683 105.

          BY ADV ANAND B. MENON


RESPONDENT:

          CAN FIN HOMES LTD.,
          39/372, VISHNUPRIYA, MANIKIRRICROSS ROAD (LINK),
          PALLIMUKKU, M.G.ROAD, ERNAKULAM,
          COCHIN-682 016 REPRESENTED BY ITS MANAGER,
          [email protected]

          BY ADV C.AJITH KUMAR


     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. 23839 OF 2021
                                      2

                       BECHU KURIAN THOMAS, J.
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                        W.P.(C) No.23839 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 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

petitioners committed default in repayment and the overdue amount is

Rs.5,12,846/-. 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.Aanand B.Menon, learned counsel for the

petitioners as well as Sri.C.Ajithkumar, the learned 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 '10' instalments and thereafter, if the WP(C) NO. 23839 OF 2021

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.5,12,846/- along

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

the petitioners on the following conditions :

(i) The overdue amount of Rs.5,12,846/- shall be repaid in '10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 22.12.2021.

(iii) Petitioners 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 petitioners 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. 23839 OF 2021

APPENDIX OF WP(C) 23839/2021

PETITIONERS' EXHIBITS :

Exhibit P1 TRUE COPY OF THE DEPOSIT RECEIPT DATED 12.3.2021.

Exhibit P2 TRUE COPY OF POSSESSION NOTICES INITIATED BY BANK DATED 22.02.2021,

Exhibit P3 TRUE COPY OF NOTICE SENT BY ADVOCATE COMMISSIONER DATED 18.10.2021.