Shijina T vs State Bank Of India
2022 Latest Caselaw 4199 Ker

               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. 13327 OF 2022
PETITIONERS:

    1     SHIJINA T.
          AGED 38 YEARS
          W/O.GIRIPRAKASH.P., RESIDING AT HRIDYA, KOMMERI P.O.,
          KOZHIKODE, KERALA,
          PIN-673 007

    2     GIRIPRAKASH.P.
          AGED 48 YEARS
          S/O. LATE RAVUNNI NAIR, RESIDING AT DWARAKA,
          CHANDAMPALLY P.O., KOZHIKODE, KERALA,PIN-673 007

          BY ADVS.
          MINI GOPINATH
          SUVIN.R.MENON
          SHYAMDEEP S.SHENOY


RESPONDENTS:

    1     STATE BANK OF INDIA
          ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR,
          R.S.BUILDING, M.G ROAD, ERNAKULAM, KERALA, PIN 682 011,
          REPRESENTED BY ITS CHIEF MANAGER

    2     STATE BANK OF INDIA,
          KANNUR ROAD BRANCH,
          KOZHIKODE, KERALA,PIN-673 001,
          REPRESENTED BY ITS MANAGER

          BY ADV.JITHESH MENON - SC


     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. 13327 OF 2022

                                      2


                 BECHU KURIAN THOMAS, J.
               ===========================
                   W.P.(C) No.13327 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 is Rs.28,94,747/-. 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.Mini Gopinath, learned counsel for the WP(C) NO. 13327 OF 2022

petitioners as well as Shri.Jithesh Menon, 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 fourteen

instalments.

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

bank to accept repayment of the entire outstanding amount of

Rs.28,94,747/- along with bank charges from the petitioners on the

following conditions:

i. The outstanding amount of Rs.28,94,747/- shall be repaid in fourteen 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. 13327 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.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/ WP(C) NO. 13327 OF 2022

APPENDIX OF WP(C) 13327/2022

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 22.11.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS

Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE DATED 19.03.2022 ISSUED BY 1ST RESPONDENT TO THE PETITIONERS

Exhibit P3 A TRUE COPY OF THE CAVEAT FILED BY THE 2ND RESPONDENT BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM DATED 23.03.2022