Mr. C.M.Anwar vs Authorised Officer, The South ...
2022 Latest Caselaw 3855 Ker

                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. 12430 OF 2022
PETITIONER :

          MR.C.M.ANWAR,
          AGED 57 YEARS,
          S/O.MOIDU, CHEKKARA HOUSE, BRAHMAKULAM,
          THAIKKAD P.O., THRISSUR, PIN - 680 104

          BY ADVS.
          G.SREEKUMAR (CHELUR)
          S.S.ARAVIND



RESPONDENTS :

          1. AUTHORISED OFFICER, THE SOUTH INDIAN BANK
          LTD.,REGIONAL OFFICE, PLATINUM JUBILEE BUILDING,
          CIVIL LANE ROAD, AYYANTHOLE, THRISSUR, PIN - 680 003

          2. MRS.JUBERIA P.K., AGED 49 YEARS,
          W/O.MR.ANWAR C.M., CHEKKARA HOUSE,
          BRAHMAKULAM, THAIKKAD P.O.,
          THRISSUR - 680 104


          SRI K.K JOHN, 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. 12430 OF 2022
                                          2

                    BECHU KURIAN THOMAS, J.
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                     W.P.(C) No.12430 of 2022
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                 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 outstanding amount in instalments.

3. It was submitted on behalf of the respondent bank that the

petitioner committed default in repayment and the total outstanding amount is

Rs.1,27,25,000/-. 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 outstanding amount in limited instalments.

4. I have heard Sri.G.Sreekumar (Chelur), the learned counsel for

the petitioner as well as Sri.K.K.John, the learned Standing Counsel for the

respondent bank.

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

outstanding amount in '10' instalments.

WP(C) NO. 12430 OF 2022

6. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of Rs.1,27,25,000/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.1,27,25,000/- shall be repaid in '10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 05.05.2022 and the remaining instalments shall be paid on or before the 5th day of the succeeding months.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

(iv) 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

RKM WP(C) NO. 12430 OF 2022

APPENDIX

PETITIONER'S EXHIBITS :

P1 : COPY OF DEMAND NOTICE DATED 16.06.2021 ISSUED BY 1ST RESPONDENT.

P2 : COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 02.04.2022 IN MC.NO.135/2022.

P3 : COPY OF SECTION 14 APPLICATION FILED BY THE 1ST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR DATED 23.02.2022 IN MC.NO.135/2022