Boby Thomas vs Union Bank Of India
2022 Latest Caselaw 3907 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. 12228 OF 2022
PETITIONER:

          BOBY THOMAS
          PROPRIETOR, OLLATTIKULAM AGENCIES, AKKARA BUILDING,
          SOUTH CHALAKUDY-680 307

          BY ADVS.
          M.R.ANISON
          V.BHARGAVI (PANANGAD)
          P.A.RINUSA


RESPONDENTS:

    1     UNION BANK OF INDIA
          REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
          ERNAKULAM, UNION BANK BHAWAN, M.G.ROAD, ERNAKULAM-682
          035

    2     THE AUTHORISED OFFICER,
          UNION BANK OF INDIA, CHALAKUDY, POST BOX NO.12, MAIN
          ROAD, CHALAKUDY-680 307

    3     THE BRANCH MANAGER,
          UNION BANK OF INDIA, CHALAKUDY BRANCH, MAIN ROAD,
          CHALAKUDY-680 307


OTHER PRESENT:

          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) NO. 12228 OF 2022

                                       2


                 BECHU KURIAN THOMAS, J.
               ===========================
                   W.P.(C) No.12228 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 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.44,98,406/-. 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 Shri.M.R.Anison, learned counsel for the WP(C) NO. 12228 OF 2022

petitioner as well as Shri.A.S.P.Kurup, 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 outstanding amount in fifteen

instalments.

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

bank to accept repayment of the entire outstanding amount of

Rs.44,98,406/- along with bank charges from the petitioner on the

following conditions:

i. The outstanding amount of Rs.44,98,406/- shall be repaid in fifteen 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 of the succeeding months.

iii. In the event of default of any one instalment, the respondent bank shall be entitled to proceed in WP(C) NO. 12228 OF 2022

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 ssa/ WP(C) NO. 12228 OF 2022

APPENDIX OF WP(C) 12228/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 17.07.2018 ISSUED BY THE GOVERNMENT OF INDIA.

Exhibit P2 A TRUE COPY OF THE CERTIFICATE DATED 31.03.2022 ISSUED BY THE VILLAGE OFFICER PADINJARE CHALAKUDY.

Exhibit P3 A TRUE COPY OF NOTICE DATED 19.02.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 26.03.2022 SUBMITTED BEFORE THE 1ST AND 3RD RESPONDENTS