Kerala High Court
Bindu J vs The Authorised Officer/ General ... on 16 September, 2021
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
WP(C) NO. 19224 OF 2021
PETITIONER
BINDU J.,
AGED 50 YEARS
W/O. RAJAN, TC 16/1006,
JAGATHY, THYCADU,
THIRUVANANTHAPURAM-695 014.
BY ADV LIJU. M.P
RESPONDENTS:
1 THE AUTHORISED OFFICER/ GENERAL MANAGER IN CHARGE,
THE TRIVANDRUM CO-OPERATIVE URBAN BANK LTD. NO. 1959,
HEAD OFFICE, M.G. ROAD,
THYCADU, THIRUVANANTHAPURAM-695 014.
2 THE TRIVANDRUM CO-OPERATIVE URBAN BANK LTD. NO. 1959,
HEAD OFFICE, M.G. ROAD,
THYCADU, THIRUVANANTHAPURAM-695 014,
REP. BY GENERAL MANAGER.
SC SRI.NISHA GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19224 OF 2021
2
BECHU KURIAN THOMAS, J
===========================
W.P.(C) Nos.19224 of 2021
---------------------------------
Dated this the 16 th day of September, 2021
JUDGMENT
Petitioner is a borrower from the 2 nd 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.
WP(C) NO. 19224 OF 2021
3. It was submitted on behalf of the respondent
bank that petitioner had committed default in
repayment of the loan amount and hence
petitioner's account was classified as non-
performing. 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 of Rs.1,25,439/- 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.Liju M.P., learned counsel
for the petitioner as well as Adv.Nisha George,
the learned counsel for the respondents.
5. Having regard to the circumstances of the
case and the situation now prevailing, apart from
WP(C) NO. 19224 OF 2021
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.1,25,439/- from the
petitioner and regularise the loan account of the
petitioner on the following conditions:
(i). The overdue amount shall be repaid in 'eight'
equated monthly instalments.
(ii). The first instalment shall be made on or
before 18.10.2021.
(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
WP(C) NO. 19224 OF 2021
to proceed in accordance with law.
(v) In order to enable the petitioner to repay the
entire amounts, all coercive steps shall be kept in
abeyance.
The above writ petition is disposed of as above.
sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/16/09//2021
WP(C) NO. 19224 OF 2021
APPENDIX OF WP(C) 19224/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 22.12.2020 PASSED
BY CHIEF JUDICIAL MAGISTRATE,
THIRUVANANTHAPURAM IN MC NO. 715/2020.
Exhibit P2 TRUE COPY OF THE RECEIPT DATED 01.03.2021 FOR
RS. 1,00,000/- ISSUED FROM 2ND RESPONDENT BANK.
Exhibit P3 TRUE COPY OF THE MEDICAL REPORT DATED
17.06.2021 ISSUED BY MEDICAL OFFICER, URBAN
PRIMARY HEALTH CENTER, RAJAJI NAGAR,
THIRUVANANTHAPURAM.
RESPONDENTS EXHIBTS NIL
TRUE COPY P.A.TO JUDGE
