Kerala High Court
Priju. P.S vs Canara Bank on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 20573 OF 2021
PETITIONER :
PRIJU. P.S.
AGED 37 YEARS
S/O.K.P.PADMAKUMAR, KUNNAMPALLY VEEDU,
TRA 266, THEERAM ROAD, KALATHARA, MANCHA P.O,
NEDUMANGADU, THIRUVANANTHAPURAM-695541.
BY ADV A.S.SHAMMY RAJ
RESPONDENTS :
1 CANARA BANK
REPRESENTED BY ITS MANAGER, CANARA BANK,
VELLANAD BRANCH, VELLANAD P.O.,
THIRUVANANTHAPURAM-695543.
2 AUTHORIZED OFFICER,
CANARA BANK, VELLANAD BRANCH, VELLANAD P.O.,
THIRUVANANTHAPURAM-695543.
BY ADV.LEO GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20573 OF 2021
2
BECHU KURIAN THOMAS, J.
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W.P.(C).No.20573 of 2021
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Dated this the 30th day of September, 2021
JUDGMENT
Petitioner as borrower from the 1st Respondent bank, has
committed default in repayment. Consequently, proceedings have
been initiated by the bank for recovery of the amounts due.
2. 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 and the overdue
amount is Rs.2,16,789.39m. It was further submitted that though
proceedings for recovery have been initiated, as a matter of
indulgence, the respondent bank is willing to accept repayment of
the overdue amount in limited instalments and regularise the loan
account.
4. I have heard Adv.A.S.Shammy Raj, learned counsel for
the petitioner as well as Adv.Leo George, the learned Standing
WP(C) NO. 20573 OF 2021
Counsel for the respondent.
5. However, having regard to the fact that petitioner's
wife was subjected to a surgery and was also actually involved in
Covid related work as a Nurse, I am of the view that the Petitioner
can be granted an opportunity to repay the overdue amount in eight
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.2,16,789.39/- along with bank charges from the petitioner and
regularise the loan account of the petitioner on the following
conditions:
(i). The overdue amount of Rs.2,16,789.39 shall be repaid
in eight equated monthly instalments.
(ii). The first instalment shall be made on or before
30.10.2021.
(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. 20573 OF 2021
respondent bank shall be entitled to proceed in accordance
with law.
The above writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 20573 OF 2021
APPENDIX OF WP(C) 20573/2021
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE DISCHARGE SUMMARY OF THE
WIFE OF THE PETITIONER DATED 21.03.2021
ISSUED FROM CREDENCE HOSPITAL.
Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED
16.09.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE STATEMENT OF ACCOUNTS
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER FOR THE PERIOD 14.12.2017 TO
20.09.2021.
