Kerala High Court
Benoy K Mathew vs The Union Bank Of India on 7 April, 2022
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. 13032 OF 2022
PETITIONERS:
1 BENOY K MATHEW
AGED 53 YEARS
S/O.(LATE) C.V.MATHEW, KANJIKKAVIL HOUSE, KARIKULAM
P.O., RANNI, PATHANAMTHITTA DISTRICT, KERALA, PIN - 689
682.
2 SUSAMMA K.THOMAS
AGED 53 YEARS
W/O.BENOY K.MATHEW, KANJIKKAVIL HOUSE, KARIKULAM P.O.,
RANNI, PATHANAMTHITTA DISTRICT, KERALA, PIN - 689 682.
BY ADVS.
V.H.JASMINE
JESWIN P.VARGHESE
REETHU JACOB
RESPONDENTS:
1 THE UNION BANK OF INDIA
3RD FLOOR, AMALA TOWERS, ADICHIRA JUNCTION, KOTTAYAM
DISTRICT, PIN - 686 630 REPRESENTED BY AUTHORIZED
OFFICER.
2 THE BRANCH MANAGER
UNION BANK OF INDIA, RANNI BRANCH, NO.14, PAZAVANGADI
P.O., RANNI, PATHANAMTHITTA DISTRICT, KERALA, PIN - 689
678.
3 THE DISTRICT COLLECTOR
2ND FLOOR, COLLECTORATE ROAD, PATHANAMTHITTA DISTRICT,
KERALA, PIN - 689 645.
OTHER PRESENT:
A.S.P. KURUP SC FOR THE 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. 13032 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.13032 of 2022
============================
Dated this the 7th day of April, 2022
JUDGMENT
Petitioners as borrowers from the respondent bank, have
committed default in repayment. Consequently, proceedings have
been initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioners have 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 petitioners committed default in repayment and the outstanding
amount due is Rs.40,12,500/-. 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 Smt.Jasmine V.H., learned counsel for the
WP(C) NO. 13032 OF 2022
petitioners 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 petitioners can be granted
an opportunity to repay the outstanding amount in eighteen
instalments.
6. Accordingly, there will be a direction to the respondent
bank to accept repayment of the entire outstanding amount of
Rs.40,12,500/- along with bank charges from the petitioners, on the
following conditions:
i. The outstanding amount of Rs.40,12,500/- shall
be repaid in eighteen 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 the 7th 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. 13032 OF 2022
accordance with law.
iv. In order to enable the petitioners to repay the
entire amounts, all coercive proceedings shall be
kept in abeyance.
v. The petitioners will be at liberty to submit a
proposal for settlement to the respondent and if the
same is feasible, respondents shall consider the same
with all earnestness.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ssa/
WP(C) NO. 13032 OF 2022
APPENDIX OF WP(C) 13032/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE NO.RO KO SAR
212/2020-2021 DATED 14/07/2022 ISSUED BY THE
AUTHORIZED OFFICER.
Exhibit P2 TRUE COPY OF THE REPLY NOTICE DATED
06/09/2021 ISSUED BY THE PETITIONERS TO THE
RESPONDENT BANK.
Exhibit P3 TRUE COPY OF THE A/D CARD DATED 10/09/2021.
Exhibit P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE
DATED 18/02/2022 ISSUED BY THE 2ND
RESPONDENT.
