Sanalkumar P vs Bank Of Baroda
2021 Latest Caselaw 19449 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943

                   OP (DRT) NO. 115 OF 2021

PETITIONERS:

    1     SANALKUMAR P.
          AGED 57 YEARS, S/O.PRABHAKARAN NAIR,
          MADATHUMMOOLA VEEDU,
          ANDOORKONAM P.O.,
          THIRUVANANTHAPURAM, PIN - 695 584.
    2     SHAJEENA M.
          AGED 49 YEARS, W/O.SANAL KUMAR P.,
          MADATHUMOOLA VEEDU,
          ANDOORKONAM,
          THIRUVANANTHAPURAM - 695 584.
             BY
             ADV.C.S.AJITH PRAKASH
             ADV.T.K.DEVARAJAN
             ADV.FRANKLIN ARACKAL
             ADV.PAUL C THOMAS
             ADV.BABU M.
             ADV.NIDHIN RAJ VETTIKKADAN
             ADV.HAARIS MOOSA
             ADV.ADESH JOSHI


RESPONDENTS:

    1     BANK OF BARODA
          SURAJ PLAZA-1, SAYAJIGANJ,
          VADODARA - 390 022
          REPRESENTED BY ITS CEO.
    2     THE AUTHORISED OFFICER
          BANK OF BARODA, ROSARB, P.B.NO.1772,
          PALLIMUKKU, M.G.ROAD,
 O.P.(DRT) No.115/21            -:2:-


             ERNAKULAM - 682 016.
      3      THE BRANCH MANAGER
             BANK OF BARODA, VANCHIYOOR BRANCH,
             THIRUVANANTHAPURAM - 695 035.


             SMT.R.REMA, SC


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 O.P.(DRT) No.115/21                  -:3:-




                     BECHU KURIAN THOMAS, J.
                     -----------------------------------------
                        O.P.(DRT) No.115 of 2021
                      ----------------------------------------
                Dated this the 16th day of September, 2021

                                JUDGMENT

Petitioners are borrowers from the respondent bank. He 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 petitioners after recalling the loan. Learned

counsel for the petitioners submitted that pursuant to the order dated

10.09.2021, an amount of Rs.2,00,000/- was deposited on

15.9.2021.

2. Though petitioners have raised various challenges in the

original 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.

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

petitioners committed default in repayment of the loan amount and

hence petitioners' 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

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.3,98,548/- 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.C.S.Ajith Prakash, learned counsel for the

petitioners as well as Adv.Rema R., 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.3,98,548/-

from the petitioners and regularise the loan account of the petitioners

on the following conditions:

(i) The overdue amount shall be repaid in six equated monthly instalments.

(ii) The first instalment shall be made on or before 15.10.2021.

(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 proceedings shall be kept in abeyance.

The original petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX OF OP (DRT) 115/2021

PETITIONER'S/S' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 12/03/2020.

EXHIBIT P2 A TRUE COPY OF THE 2ND NOTICE DATED 06/02/2020.

EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 02/09/2021.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 30/03/2021 IN M.C.NO.136/21 OF HON'BLE CJM COURT AS OBTAINED FROM THE WEB PORTAL.