Banis vs The Calicut Co-Operative Urban ...
2021 Latest Caselaw 23647 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. 22136 OF 2021
PETITIONER :

          BANIS K,
          AGED 39 YEARS,
          S/O. SULAIMAN, KURUMNALI HOUSE,
          CHELANNUR P.O., KOZHIKODE DISTRICT - 673 616

          BY ADVS.
          SANTHARAM.P
          REKHA ARAVIND
          P.G.GOKULNATH



RESPONDENTS :

          THE CALICUT CO-OPERATIVE URBAN BAMK LTD.,
          NO.1538.CCUB BUILDING, CHALAPPURAM POST,
          KALLAI ROAD, KOZHIKKODE DISTRICT-673 002,
          REPRESENTED BY ITS AUTHORIZED OFFICER/ SECRETARY

          BY ADV M.MANJU


     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. 22136 OF 2021
                                        2



                       BECHU KURIAN THOMAS, J.
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                        W.P.(C) No.22136 of 2021
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                Dated this the 30th 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 is

Rs.5,20,805/-. 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.Santharam P., learned counsel for the

petitioner as well as Smt.M.Manju, 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 petitioner can be granted an opportunity WP(C) NO. 22136 OF 2021

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.5,20,805/- 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.5,20,805/- shall be repaid in 12 equated monthly instalments.

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

(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. 22136 OF 2021

APPENDIX OF WP(C) 22136/2021

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF POSSESSION NOTICE ISSUED UNDER SECTION 13(4) BY RESPONDENT BANK DATED 19.03.2019

Exhibit P2 TRUE COPY OF POSSESSION NOTICE ISSUED BY ADVOCATE COMMISSIONER APPOINTED IN MC NO.143 OF 2020 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE