Babu S vs The Manager, Trivandrum ...
2021 Latest Caselaw 21107 Ker

Citation : 2021 Latest Caselaw 21107 Ker
Judgement Date : 20 October, 2021

Kerala High Court

Babu S vs The Manager, Trivandrum ... on 20 October, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                    WP(C) NO. 19912 OF 2021
PETITIONERS :

    1     BABU S,
          AGED 63 YEARS,
          S/O SREEDHARAN,
          T.C.5/220, CHERUVETTIKONAM LANE,
          CHERUVAIKKAL, SREEKARIYAM P.O,
          THIRUVANANTHAPURAM.

    2     THANKAMONI S.,
          AGED 55 YEARS,
          W/O BABU.S,
          T.C.5/220, CHERUVETTIKONAM LANE,
          CHERUVAIKKAL, SREEKARIYAM P.O,
          THIRUVANANTHAPURAM.

          BY ADVS.
          GOPAKUMAR R.THALIYAL
          N.KUTTAPPAN THAZHASSERY
          N.P.PRAJEESH


RESPONDENTS :

    1     THE MANAGER, TRIVANDRUM CO-OPERATIVE URBAN BANK LTD.
          NO.1959, THYCAUD BRANCH, THIRUVANANTHAPURAM,
          PIN-695014.

    2     THE AUTHORIED OFFICER,
          GENERAL MANAGER-IN-CHARGE,
          TRIVANDRUM CO-OPERATIVE URBAN BANK LIMITED,
          NO.1959, HEAD OFICE, P.B.NO.115, M.G.ROAD,
          THIRUVANANTHAPURAM, PIN - 695 001.

          BY ADV.NISHA GEORGE, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19912 OF 2021
                                     2



                     BECHU KURIAN THOMAS, J.
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
                     W.P.(C) No.19912 of 2021
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
               Dated this the 20th day of October, 2021


                                JUDGMENT

Petitioners as borrowers from the respondent bank, have

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 outstanding amount in instalments

and to obtain regularisation of the loan account.

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

petitioners committed default in repayment and the outstanding amount is

Rs.32,17,932/-. 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 outstanding amount in limited

instalments.

4. I have heard the learned counsel for the petitioner as well

as the learned 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 WP(C) NO. 19912 OF 2021

above, I am of the view that the petitioners can be granted an opportunity

to repay the outstanding amount in 10 equated monthly instalments.

6. Accordingly, there will be a direction to the respondent

bank to accept repayment of the entire outstanding amount of

Rs.32,17,932/- along with bank charges from the petitioners on the

following conditions:

(i) The outstanding amount of Rs.32,17,932/- shall be repaid in 10 equated monthly instalments.

(ii) The first instalment shall be paid on or before 15.11.2021.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

(iv) 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.