Kerala High Court
Ligi Jobi vs Union Of India 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. 11121 OF 2021
PETITIONERS :
1 LIGI JOBI,
AGED 42 YEARS,
D/O. GEORGE, KARAYI HOUSE, MUZHAPILLANGAD,
THALASSERY, KANNUR, KERALA-670 662
2 JOBI JOHN,
AGED 45 YEARS,
S/O. YOHANNAN, KARAYI HOUSE,
MUZHAPILLANGAD, THALASSERY, KANNUR,
KERALA-670 662
3 GRACY JOHN,
AGED 70 YEARS,
D/O. VARGHESE, 19/661 N-C-NO-KRK/1277/D,
GRACE PANAVILA, KUZHUNAD, VATTAPARA,
TRIVANDRUM, KERALA-685 028
BY ADVS.
V.JOHN MANI
ShRI.S.JAYANT
SRI.JACKSON JOHNY
SHRI.VARGHESE SABU
SHRI.SETHULAKSHMI K.K.
SMT.GAYATHRI MENON
RESPONDENTS :
1 UNION OF INDIA,
REPRESENTED BY SECRETARY, DEPARTMENT OF FINANCIAL
SERVICES, MINISTRY OF FINANCES, 3RD FLOOR,
JEEVAN DEEP BUILDING, SUNSAD MARG,
NEW DELHI-110 001
2 HDB FINANCIAL SERVICES LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
HAVING CORPORATE OFFICE AT GROUND FLOOR,
ZENITH HOUSE, KESHAVRAO KHADYE MARG,
OPP RACE COURSE, MAHALAXMI, MUMBAI-400034
WP(C) NO. 11121 OF 2021
2
3 MS ANUPRIYA CHAKRAVORTY (AUTHORISED OFFICER),
HDB FINANCIAL SERVICES LTD, ZENITH HOUSE,
OPPOSITE RACE COURSE, MAHALAKSHMI,
MUMBAI-400034
4 THE MANAGER,
HDB FINANCIAL SERVICES LTD (KANNUR BRANCH),
ELP 34/294, MADHAV APARTMENT BUILDING,
SECOND FLOOR, CHOVVA P.O., KANNUR-670 006
BY ADVS.
SRI.M.A.VINOD, CGC
BY SRI.PAULOCHAN P. ANTONY
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. 11121 OF 2021
3
BECHU KURIAN THOMAS, J.
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W.P.(C).No.11121 of 2021
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Dated this the 16th day of September, 2021
JUDGMENT
Petitioner is a borrower from the 2nd Respondent bank. She
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.
3. It was submitted on behalf of the respondent bank that
the petitioner committed default in repayment of the loan amount
and hence petitioner's 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.12,69,000/- (Rupees Twelve Lakhs and Sixty
WP(C) NO. 11121 OF 2021
Nine Thousand only) 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.John Mani V, learned counsel for the
petitioner as well as Adv. Paulochan P.Antony, 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 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.12,69,000/- 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 15.10.2021.
(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
WP(C) NO. 11121 OF 2021
respondent bank shall be entitled to proceed in accordance
with law.
(v). In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
The above writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 11121 OF 2021
APPENDIX OF WP(C) 11121/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LOAN AGREEMENT BEARING
NO.5808086
EXHIBIT P2 A TRUE COPY OF THE REPAYMENT SCHEDULE OF
LOAN AGREEMENT NO.5808086
EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY 2ND
RESPONDENT TO THE PETITIONERS DATED
11.09.2019
EXHIBIT P4 A TRUE COPY OF THE FORECLOSURE AND
STATEMENT OF ACCOUNTS ISSUED TO THE 1ST
PETITIONER DATED 02.01.2020
EXHIBIT P5 A TRUE COPY OF THE ARBITRATION CASE
NO.108/343 FILED BY 2ND RESPONDENT DATED
08.12.2020 (WITHOUT EXHIBITS)
EXHIBIT P6 A TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONERS BY THE 3RD RESPONDENT DATED
16.03.2021
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 1ST PETITIONER BEFORE
EXHIBIT P7A A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 1ST PETITIONER BEFORE MR.JIGNESH
NETARWALA (AUTHORIZED OFFICER) OF THE
RESPONDENT BANK DATED 23.04.2021
EXHIBIT P8 A TRUE COPY OF THE POSTAL RECEIPT OF
EXHIBIT P7 AND EXHIBIT P7(a)
EXHIBIT P9 A TRUE COPY OF THE LOAN STATEMENT OF GRACE
AGENCIES FOR ALON ACCOUNT NO.5808086 PERIOD
TILL 06.03.2020
