Sunitha S vs Axis Bank Limited
2022 Latest Caselaw 4151 Ker

WP(C) NO. 13104 OF 2022
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                           WP(C) NO. 13104 OF 2022
PETITIONER/S:

            SUNITHA S
            AGED 44 YEARS
            W/O. WILSON, KALTHADAI VEEDU, KUNAMVILA, KARODE, KARODE
            P.O, THIRUVANANTHAPURAM DISTRICT, PIN 695 016
            BY ADV G.SUDHEER


RESPONDENT/S:

            AXIS BANK LIMITED
            REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER,
            THIRUVANANTHAPURAM RAC KARAMANA BRANCH, 2ND FLOOR, NIHAL
            COMPLEX, THIRUVANANTHAPURAM 695 012
OTHER PRESENT:

            A.S.P. KURUP SC FOR BANK


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13104 OF 2022
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                      BECHU KURIAN THOMAS, J.
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                       W.P.(C)No.13104 of 2022
                ------------------------------------------------
                          Dated this the 7th 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 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.3,22,203/-. 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.

4. I have heard Adv.G.Sudheer, the learned counsel for the

petitioner as well as Sri.Madhu Radhakrishnan, learned Standing

Counsel for the respondent.

WP(C) NO. 13104 OF 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 overdue amount in '12' 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.3,22,203/- along with bank charges from the petitioner and to

regularise the loan account of the petitioner on the following

conditions:

(i). The overdue amount of Rs.3,22,203/- shall be repaid in '12'

equated monthly instalments.

(ii). The first instalment shall be paid on or before 07.05.2022 and

the remaining instalments shall be paid on or before 7 th of the

succeeding months.

(iii). Petitioner shall continue to pay the regular EMI's along with

the instalments directed above.

(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, WP(C) NO. 13104 OF 2022

all coercive proceedings against the petitioner shall be kept in

abeyance.

The writ petition is disposed of as above.

sd/

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 13104 OF 2022

APPENDIX OF WP(C) 13104/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE HOME LOAN AGAINST PROPERTY DOCKET OF THE PETITIONER'S LOAN FROM THE RESPONDENT BANK Exhibit P2 TRUE COPY OF THE WELCOME LETTER SENT BY THE RESPONDENT BANK TO THE PETITIONER DATED 21-06-

Exhibit P3 TRUE COPY OF THE MEDICAL RECORDS ISSUED FROM GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM Exhibit P3A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER, FAMILY HEALTH CENTER, KARODE DATED 15-07-2021 Exhibit P3B TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE AND HOSPITAL KARAKONAM DATED 3-07-2019 Exhibit P3C TRUE COPY OF THE HISTOPATHOLOGY REPORT OF PETITIONER ISSUED FROM DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE AND HOSPITAL, KARAKONAM. Exhibit P3D TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM SHALOM ORTHOPAEDIC HOSPITAL, MARTHANDAM DATED 23-03-2022 Exhibit P4 TRUE COPY OF THE FIRST PAGE OF ACCOUNT STATEMENT FROM 20-06-2018 TO 21-3-2022 Exhibit P5 TRUE COPY OF THE NOTICE DATED 21-03-2022 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C NO. 435/2021 UNDER SECTION 14 OF SARFAESI ACT