Tiji Jacob vs The Authorised Officer, South ...
2022 Latest Caselaw 3931 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. 12165 OF 2022
PETITIONER:

          TIJI JACOB
          AGED 35 YEARS
          S/O.K.C.JACOB, KAITHOLIL, NATTAKKAL (PO), NATTAKKAL
          (VIA), VELLARIKUNDI, WEST ELERI, KASARAGOD - 671 534.
          BY ADV NABIL KHADER


RESPONDENTS:

    1     THE AUTHORISED OFFICER, SOUTH INDIAN BANK LTD.
          REGIONAL OFFICE, KVR TOWER, PAMPAN MADHAVAN ROAD,
          TALAP, KANNUR - 670 002.

    2     SOUTH INDIAN BANK LTD.
          NILESWARAM MAIN BAZAR, PANDIKKODE BUILDING, NILESWARAM,
          KASARAGOD DISTRICT, KERALA - 671 314 REPRESENTED BY ITS
          AUTHORIZED OFFICER.
     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. 12165 OF 2022
                               2

                BECHU KURIAN THOMAS, J.
            -----------------------------------------
                 W.P.(C) No. 12165 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 total

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.30,57,137/-. 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 total outstanding amount

in limited instalments.

WP(C) NO. 12165 OF 2022

4. I have heard Sri.Nabil Khader, the learned counsel

for the petitioner as well as Sri.Sunil Shankar, the learned

Standing 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 total

outstanding amount in '12' instalments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the total

outstanding amount of Rs.30,57,137/- along with bank

charges from the petitioner on the following conditions:

(i)The total outstanding amount of Rs.30,57,137/-

shall be repaid in '12' equated monthly instalments.

(ii) The first instalment shall be paid on or before 5/5/2022 and the remaining instalments shall be paid on or before the 5th day of every succeeding month.

WP(C) NO. 12165 OF 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 as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM 6/4/22 WP(C) NO. 12165 OF 2022

APPENDIX OF WP(C) 12165/2022

PETITIONER'S EXHIBITS :

Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 04/03/2022.

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 10/03/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS : NIL

AJM                   //TRUE COPY//           PA TO JUDGE