Mini Abraham vs The Branch Manager
2021 Latest Caselaw 20471 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943

                       WP(C) NO. 17610 OF 2021

PETITIONER:

            MINI ABRAHAM
            AGED 44 YEARS, D/O. ABRAHAM,
            1528, SECTOR - 46, GURGAON,
            DELHI.
            BY ADV MAHESH V.MENON


RESPONDENTS:

    1       THE BRANCH MANAGER
            HDFC LTD, KALAMASSERY BRANCH,
            KALAMASSERY,
            ERNAKULAM DISTRICT - 682021,
    2       THE AUTHORIZED OFFICER
            HOUSING DEVELOPMENT FINANCE CORPORATION,
            3RD FLOOR, CRM LEGAL HDFC HOUSE,
            RAVIPURAM JUNCTION, M.G. ROAD,
            KOCHI - 682015.
            BY
                   ADV.K.K.CHANDRAN PILLAI (SR.)
                   ADV.S.AMBILY, SC
                   ADV.MICKY THOMAS



     THIS     WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON    01.10.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17610/21
                                         -:2:-


                         BECHU KURIAN THOMAS, J.
                         -----------------------------------------
                            W.P.(C) No.17610 of 2021
                         ----------------------------------------
                      Dated this the 1st day of October, 2021

                                    JUDGMENT

Petitioner is a borrower from the respondent bank. She has

committed default in repayment of the loan amount. Consequently,

proceedings have been initiated by the bank for recovery of the

amounts due from the petitioner after recalling the loan.

2. Though petitioner has raised various challenges in the writ

petition, during the course of the hearing, petitioner has confined the

relief to an opportunity for repaying the overdue amount in

instalments and to obtain regularisation of the loan account. It is

submitted that the petitioner has complied with the interim order

dated 02.09.2021.

3. It was submitted on behalf of the respondent bank that the

petitioner committed default in repayment of the loan amount and

hence petitioner's account was classified as non-performing. It was

further submitted that thereafter proceedings for recovery of the

amount were initiated and also that, even though proceedings have W.P.(C) No.17610/21

been initiated for recovery of the amounts due, as a matter of

indulgence, the respondent bank is willing to accept repayment of the

overdue amount of Rs.15,37,426/- in limited instalments. Apart from

the above, it was also submitted that if the petitioner is willing to

repay the overdue amount as directed by this Court, the respondent

bank is willing to regularise the loan account.

4. I have heard Adv.Mahesh V.Menon, learned counsel for the

petitioner as well as Adv.S.Ambily, 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 to repay the overdue amount in 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.15,37,426 /-

from the petitioner and regularise the loan account of the petitioner

on the following conditions:

(i) The overdue amount of Rs.15,37,426 /- shall be repaid in W.P.(C) No.17610/21

ten equated monthly instalments.

(ii) The first instalment shall be made on or before 30.10.2021.

(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.

(vi) No further opportunity under any circumstances shall be granted or availed by the petitioner before any forum for repayment of the amount.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE vps W.P.(C) No.17610/21

APPENDIX OF WP(C) 17610/2021

PETITIONER'S/S' EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 15.12.2020 IN WPC NO. 27334/2020.

Exhibit P2               A   TRUE   COPY   OF THE   NOTICE   DATED
                         29.07.2021    ISSUED  BY  THE    ADVOCATE
                         COMMISSIONER APPOINTED BY THE CHIEF

JUDICIAL MAGISTRATE COURT, ERNAKULAM.