Kerala High Court
Athikka vs The Banking Ombudsman on 1 October, 2021
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. 20664 OF 2021
PETITIONERS:
1 ATHIKKA
AGED 35 YEARS
W/O MOHAMMEDALI, KALLIYATH HOUSE, A.R.NAGAR
P.O.KAKKADAMPURAM, TIRURANGADI TALUK, MALAPPURAM-676 305.
2 MOHAMMEDALI,
AGED 41 YEARS
S/O ABOOBACKER HAJI, KALLIYATH HOUSE, A.R.NAGAR
P.O.KAKKADAMPURAM, TIRURANGADI TALUK, MALAPPURAM-676 305.
BY ADV K.P.SHEREEF
RESPONDENTS:
1 THE BANKING OMBUDSMAN
RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM,
PIN-695 033.
2 GENERAL MANAGER
MALAPPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE
MALAPPURAM, P.O.MALAPPURAM , PIN-676 505.
3 AUTHORISED OFFICER,
(DEPUTY GENERAL MANAGER (IN CHARGE), MALAPPURAM DISTRICT CO-
OPERATIVE BANK, HEAD OFFICE, MALAPPURAM, P.O.MALAPPURAM ,
PIN-676 505.
4 ABDURABB KURUMBAN,
S/O HYDROSS, V.K. MAD, KANNAMANGALAM P.O., TIRURANGADI
TALUK, MALAPPURAM DISTRICT-676 304.
SRI.E.S.M.KABEER-SC
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.20664 OF 2021
2
BECHU KURIAN THOMAS, J
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W.P.(C) NO.20664 OF 2021
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Dated this the 1st day of October, 2021
JUDGMENT
Petitioner as borrower from the second 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 the hearing, petitioner has
confined the relief to 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.22,65,213/-. 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.
W.P.(C) NO.20664 OF 2021
4. I have heard Adv. K.P.Shereef, learned Counsel for
the petitioner as well as Adv. E.S.M.Kabeer the learned
Standing Counsel for the respondents 2 and 3.
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 six 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. 22,65,213/- 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. 22,65,213/- shall
be repaid in six equated monthly instalments.
ii. Petitioner shall pay an amount of Rs.
1,00,000/- (Rupees One lakh only) on or before
30.10.2021 and the balance amount shall be paid in
six equal monthly instalments
W.P.(C) NO.20664 OF 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.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ/01.10.2021
W.P.(C) NO.20664 OF 2021
APPENDIX OF WP(C) 20664/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER SENT BY THE
RESPONDENT BANK TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
BANKS PASS BOOK
Exhibit P3 TRUE COPY OF THE AGREEMENT
Exhibit P4 TRUE COPY OF THE LETTER
Exhibit P5 A TRUE COPY OF THE COMPLAINT
Exhibit P6 TRUE COPY OF THE POSSESSION NOTICE
