Sosamma Thomas vs Indian Bank
2021 Latest Caselaw 19482 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
                       WP(C) NO. 19275 OF 2021
PETITIONER:

          SOSAMMA THOMAS
          AGED 42 YEARS
          W/O. MANI MADHAVAN, MANIPARAMPIL HOUSE, PULLOOPRAM
          P.O., ANGADI, RANNI, PATHANAMTHITTA-689 674.

          BY ADVS.
          S.MUHAMMED HANEEFF
          M.H.ASIF ALI



RESPONDENTS:

    1     INDIAN BANK
          NRI RANNI BRANCH, REPRESENTED BY ITS AUTHORISED
          OFFICER, MADAPPALLIL BUILDINGS, COLLEGE ROAD,
          PAZHAVANGADI P.O., MADAPPALLIL BUILDINGS, COLLEGE ROAD,
          PAZHAVANGADI P.O., RANNI-689 673.

    2     THE AUTHORISED OFFICER
          INDIAN BANK, NRI RANNI BRANCH, MADAPPALLIL BUILDINGS,
          COLLEGE ROAD, PAZHAVANGADI P.O., MADAPPALLIL BUILDINGS,
          COLLEGE ROAD, PAZHAVANGADI P.O., RANNI-689 673.

    3     THE MANAGER
          INDIAN BANK, NRI RANNI BRANCH, MADAPPALLIL BUILDINGS,
          COLLEGE ROAD, PAZHAVANGADI P.O., MADAPPALLIL BUILDINGS,
          COLLEGE ROAD, PAZHAVANGADI P.O., RANNI-689 673.




          SC SRI.S.EASWARAN




     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. 19275 OF 2021
                                  2


                 BECHU KURIAN THOMAS, J.

                 ----------------------------------------
                     WP(C) No. 19275 of 2021
                 ----------------------------------------
             Dated this the 16th day of September, 2021

                           JUDGMENT

Petitioner is a borrower from the 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 regularization

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 WP(C) NO. 19275 OF 2021

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 mater of indulgence, the

respondent bank is willing to accept repayment of the

overdue amount of Rs. 5,92,830/- 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.S. Muhammed Haneef, learned

Counsel for the petitioner as well as Adv. S. Easwaran, the

learned Standing Counsel for 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 granetd 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.

WP(C) NO. 19275 OF 2021

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire overdue

amount of Rs. 5,92,830/- 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 respondent bank shall be entitled to proceed in

accordance with law.

The above writ petition is disposed of as above.

In order to enable the petitioner to repay the entire

amounts, all coercive proceedings shall be kept in abeyance.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ/16.09.2021 WP(C) NO. 19275 OF 2021

APPENDIX OF WP(C) 19275/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 4.2.2020 ISSUED BY THE IST RESPONDENT UNDER SECTION 1392) OF THE SARFAESI ACT, 2002.

Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE DATED 3.8.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 5.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.