Kerala High Court
Shaji.V vs Authorised Officer, Kerala State ... on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 12227 OF 2022
PETITIONER:
SHAJI.V.,
AGED 45 YEARS
S/O.CHANDRAN, VALIYAKATH HOUSE, PUTHALATHPARAMBA,
BEYPORE (PO), KOZHIKODE DISTRICT, PIN-673 015.
BY ADVS.
R.BINDU (SASTHAMANGALAM)
G.RAJAGOPAL (KUMMANAM)
RESPONDENTS:
1 AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK
LIMITED,
KALLAI ROAD, KOZHIKODE, PIN-673 002.
2 THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK
LIMITED, KOZHIKODE BRANCH, M.M ALI ROAD, KOZHIKODE,
PIN-673 002.
OTHER PRESENT:
SRI P.C SASIDHARAN-SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12227 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.12227 of 2022
============================
Dated this the 5th day of April, 2022
JUDGMENT
Petitioner as borrower from the 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 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.5,41,686/-. 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.
WP(C) NO. 12227 OF 2022
4. I have heard Shri.Bindu Sasthamangalam, learned
counsel for the petitioner as well as Shri.P.C.Sasidharan, 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 twelve
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.5,41,686/- along with bank charges from the petitioner and
regularise the loan account of the petitioner on the following
conditions:
(a) The overdue amount of Rs.5,41,686/- shall
be repaid in twelve equated monthly
instalments.
WP(C) NO. 12227 OF 2022
(b) The first instalment shall be paid on or
before 05.05.2022 and the remaining
instalments shall be paid on or before the 5 th of
the succeeding months.
(c) Petitioner shall continue to pay the regular
EMI's along with the instalments directed
above.
(d) In the event of default of any one
instalment, the respondent bank shall be
entitled to proceed in accordance with law.
(e) In order to enable the petitioner to repay
the entire amounts, all coercive proceedings
shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ssa/
WP(C) NO. 12227 OF 2022
APPENDIX OF WP(C) 12227/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER DATED
04.12.2021.
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER DATED
23.03.2022.
