Kerala High Court
Subha K vs Kerala State Co-Operative Bank ... on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 6139 OF 2021
PETITIONER:
SUBHA K.
AGED 31 YEARS
W/O. RAMAKRISHNAN,
KIZHAKKEMADAM HOUSE,
VELUR, KUNNAMKULAM,
PIN - 680 601.
BY ADV MUMTAZ SHUMSUDDIN
RESPONDENT:
KERALA STATE CO-OPERATIVE BANK LTD.
(ERST WHILE DISTRICT CO-OPERATIVE BANK, THRISSUR),
REP. BY THE AUTHORIZED OFFICER,
SAHAKARANA SATHABDHI MANDIRAM,
TUDA ROAD, KOVILAKATHUMPADAM,
THIRUVANMBADY, THRISSUR - 680 022.
BY ADV SRI.P.C.SASIDHARAN,
SC, THRISSUR DISTRICT CO.OPERATIVE BANK LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6139 OF 2021
2
BECHU KURIAN THOMAS, J
===========================
W.P(C) No.6139 of 2021
---------------------------------
Dated this the 17 th 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 regularisation of the loan
account.
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
WP(C) NO. 6139 OF 2021
account was classified as non-performing. The
overdue amount as on 10.03.2021 is Rs.8,54,623/-.
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 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.Mumtaz Shumsuddin, learned
counsel for the petitioner as well as
Adv.P.C.Sasidharan, the learned Standing Counsel for
the respondent.
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
WP(C) NO. 6139 OF 2021
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.8,54,623/- 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 and bank charges 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. 6139 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/18/09//2021
WP(C) NO. 6139 OF 2021
APPENDIX OF WP(C) 6139/2021
PETITIONER EXHIBITS
EXHIBIT P1 POSSESSION NOTICE DATED 04.01.2021 ISSUED BY THE
RESPONDENT TO THE PETITIONER.
EXHIBIT P1A TRUE TRANSLATION OF POSSESSION NOTICE DATED
04.01.2021.
EXHIBIT P2 REQUEST LETTER DATED 08.02.2021 GIVEN BY THE
PETITIONER TO THE RESPONDENT.
EXHIBIT P2A TRUE TRANSLATION OF EXT. P2.
ANNEXURE EXHIBITS NIL
TRUE COPY P.A.TO JUDGE
