Kerala High Court
Hassainar K vs Kerala State Co-Operative Bank 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. 27052 OF 2021
PETITIONER:
1 HASSAINAR K.,
AGED 52 YEARS
S/O. AMOO, CHEYUMBA HOUSE, PERIYATTADUKKAM, PANAYAL,
KASARAGODE 672 318.
2 SUHARA A K.,
AGED 50 YEARS
S/O. AMOO, CHEYUMBA HOUSE, PERINYATTADUKKAM, PANAYAL,
KASARAGOD 671 318.
BY ADVS.
BASIL MATHEW
SARASWATHI PALEREKEEZHIL
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK,
POPUALARILY KNOWN AS KERALA BANK (ERSTWHILE DISTRICT
CO-OPERATIVE BANK LTD, KASARAGOD), REP. BY ITS
AUTHORIZED OFFICER, REGIONAL OFFICE, KASARGODE CPSE,
NAYAKS ROAD, KASARGODE 671 121.
2 THE BRANCH MANAGER,
KERALA STATE COOPERATIVE BANK,
POPUALARILY KNOWN AS KERALA BANK (ERSTWHILE DISTRICT
CO-OPERATIVE BANK LTD, KASARAGOD),PALLIKKARE BRANCH,
PALLIKKARE P.O., KASARGODE DISTRICT- 671 316.
BY ADV. M.SASINDRAN-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. 27052 OF 2021
2
BECHU KURIAN THOMAS, J
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W.P.(C) No.27052 of 2021
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Dated this the 30th day of November, 2021
JUDGMENT
Petitioners 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, petitioners have
confined the relief to an opportunity for repaying the
overdue amount in instalments and to obtain
regularisation of the loan account. c
3. It was submitted on behalf of the respondent-
Bank that petitioners committed default in repayment and
the overdue amount is Rs.40,61,300/-. 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.Basil Mathew, the learned
WP(C) NO. 27052 OF 2021
counsel for the petitioners as well as Sri.M.Sasindran,,
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 petitioners can be granted an opportunity to repay
the overdue amount in '15' 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.40,61,300/- along with bank
charges from the petitioners and to regularise the loan
account of the petitioners on the following conditions:
(i). The overdue amount of Rs.40,61,300/-
shall be repaid in '15' 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. 27052 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 shall be kept in abeyance.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AJM
WP(C) NO. 27052 OF 2021
APPENDIX OF WP(C) 27052/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 02.04.2019.
Exhibit P2 TRUE COPY OF THE REQUEST DATED
23.11.2021 SUBMITTED BEFORE THE 2ND
RESPONDENT FOR THE STATEMENT OF
ACCOUNT.
Exhibit P3 TRUE COPY OF THE EVICTION NOTICE SERVED
BY THE ADVOCATE COMMISSIONER DATED
08.02.2021 IN CMP NO. 694 /2020.
Exhibit P4 THE COPY OF THE PAYMENT RECEIPT DATED
08.02.2021.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
