Kerala High Court
Benny A vs Malappuram District ... 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. 20860 OF 2021
PETITIONERS:
1 BENNY A
AGED 39 YEARS
S/O. SUBRAMANIAN, LATHALAYAM HOUSE, ARIYALLOOR P.O.,
MALAPPURAM DISTRICT, PIN 676 312
2 PREMALATHA.K.,
S/O. SUBRAMANIAN, LATHALAYAM HOUSE, ARIYALLOOR P.O.,
MALAPPURAM DISTRICT, PIN 676 312
BY ADVS.
M.T.BALAN
B.JAYABAL
RESPONDENTS:
1 MALAPPURAM DISTRICT CO-OPERATIVE BANK, ATHANIKKAL
BRANCH, MALAPPURAM DISTRICT,-673314 REPRESENTED BY ITS
MANAGER.
2 THE AUTHORIZED OFFICER,
MALAPPURAM DISTRICT CO OPERATIVE BANK LIMITED, HEAD
OFFICE, MALAPPURAM-676 505
OTHER PRESENT:
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:
WP(C) NO. 20860 OF 2021
2
BECHU KURIAN THOMAS, J
................................................
WP(C) No. 20860 Of 2021
...........................................
Dated this the 1st day of october, 2021
JUDGMENT
Petitioners are borrowers from the respondent
bank. They have committed default in repayment of
the loan amount. Consequently, proceedings have been
initiated by the bank for recovery of the amounts due
from the petitioners after recalling the loan.
2. Though petitioners have raised various
challenges in the writ petition, during the course of
the hearing, petitioners have confined the relief to an
opportunity for repaying the overdue amount in
instalments and to obtain regularisation of the loan
account.
WP(C) NO. 20860 OF 2021
3. It was submitted on behalf of the
respondent bank that petitioners had committed default
in repayment of the loan amount and hence
petitioner's account was classified as non-performing.
The overdue amount is stated to be Rs.9,42,724/-. It
was further submitted that even though proceedings for
recovery have been initiated, as a matter of
indulgence, respondent bank is willing to accept
repayment of the overdue amount in limited
instalments. Apart from the above, it was also
submitted that if the petitioners are 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.M.T.Balan, learned
counsel for the petitioners as well as
WP(C) NO. 20860 OF 2021
Adv.Sri.E.S.M.Kabeer, the 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
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.9,42,724/- along with bank
charges from the petitioners and regularise the loan
account of the petitioners on the following conditions:
(i). The overdue amount shall be repaid in
'12' equated monthly instalments.
WP(C) NO. 20860 OF 2021
(ii). The first instalment shall be paid on or
before 30.10.2021.
(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 steps
shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM 13/10/21
WP(C) NO. 20860 OF 2021
APPENDIX OF WP(C) 20860/2021
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE
DATED 24.11.2020 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P2 THE TRUE COPY F THE POSSESSION NOTICE
DATED 17.09.2021 ISSUED BY THE 2ND
RESPONDENT
RESPONDENT'S EXHIBITS: NIL.
AJM //TRUE COPY// PA TO JUDGE
