Kerala High Court
Reshmi Biju vs Union Bank Of India 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. 12305 OF 2022
PETITIONER:
RASHMI BIJU
AGED 44 YEARS
D/O.RAMACHANDRAN NAIR,
KADAKKELETHU PUTHEN VEEDU,
NEERVILAKOM.P.O., KIDANGANNUR,
PATHANAMTHITTA - 689 122.
BY ADVS.
RAAJESH S.SUBRAHMANIAN
V.R.RAJESH
R.RAJALEKSHMI
RESPONDENTS:
1 UNION BANK OF INDIA
(ERSTWHILE ANDHRA BANK)
THIRUVALLA BRANCH-II (THIRUVALLA EAB)
NAMBARAMASSERRIL BUILDING,
MARKET ROAD, THIRUVALLA - 689 101
REPRESENTED BY ITS BRANCH MANAGER
2 AUTHORIZED OFFICER,
UNION BANK OF INDIA,
IIIRD FLOOR, AMALA TOWERS,
ADICHIRA JUNCTION,
KOTTAYAM - 686 630.
SRI A.S P KURUP-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) 12305/2022
2
BECHU KURIAN THOMAS, J
..............................................
W.P.(C) No.12305 of 2022
.....................................
Dated this the 5 th 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 the 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
outstanding amount is Rs.24,30,000/-. It was further
submitted that, respondents have agreed to defer the sale
provided a reasonable sum is deposited by the petitioner
before the date of sale.
4. I have heard Sri.Raajesh S.Subrahmanian, the learned counsel
for the petitioner as well as Sri.A.S.P.Kurup, the learned
Standing Counsel for respondents.
WP(C) 12305/2022
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
'12' instalments.
6. Accordingly, there will be a direction to the respondent-Bank
to accept repayment of the entire outstanding amount of
Rs.24,30,000/- along with bank charges from the petitioner
on the following conditions:
(i). The outstanding amount of Rs.24,30,000/- shall be repaid
in '12' monthly instalments, on condition that an amount of
Rs.2,00,000/- (Rupees Two lakhs only) shall be paid by the
petitioner by 4 p.m. on or before 28.04.2022.
(ii). If the petitioner defaults to make the first instalment
payment on 28.04.2022, the respondent-Bank shall be free to
proceed with the sale in accordance with law.
(iii). If the said amount is paid within the stipulated time,
the respondent-Bank shall accept repayment of the entire
balance amount in '11' equated monthly instalments,
commencing from 28.05.2022 and the remaining instalments
shall be paid on or before the 28 th day of every succeeding
month.
WP(C) 12305/2022
(iv). In the event of default of any one instalment, the
respondent-Bank shall be entitled to proceed in accordance
with law.
(v) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings against the petitioner shall
be kept in abeyance.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/05/04//2022
WP(C) 12305/2022
APPENDIX
PETITIONERS EXHIBITS :
EXT.P1 COPY OF THE NOTICE DATED24.02.2022 BEARING
NO.CRLD:RO:KTM:130/2021-22 ISSUED BY THE 2ND
RESPONDENT
EXT.P2 COPY OF THE ALE NOTICE DATED :19.03.2022 BEARING
NO.CRLD:RO:KTM:1038/2021-22 IUED BY THE 2ND
RESPONDENT.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
