B.S.Sindhu vs Kerala State Co-Operative Bank
2022 Latest Caselaw 4244 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. 11287 OF 2022
PETITIONER:

          B.S.SINDHU
          AGED 48 YEARS
          KAIKKULATHIL VEEDU,
          MAROOR, KUDAVATTOOR.P.O,
          ODANAVATTOM,
          KOLLAM-691512.

          BY ADV MURALI MADANTHACODU


RESPONDENTS:

    1     KERALA STATE CO-OPERATIVE BANK
          REPRESENTED BY THE MANAGING DIRECTOR, P.B.NO.5122, EAST
          FORT.P.O, THIRUVANANTHAPURAM-695023.

    2     THE AUTHORISED OFFICER,
          KERALA STATE CO-OPERATIVE BANK,
          P.B.NO.5122, EAST FORT.P.O,
          THIRUVANANTHAPURAM-695023.

    3     THE BRANCH MANAGER,
          KERALA STATE CO-OPERATIVE BANK,
          KAREEPRA,KUZHIMATHICADU.P.O,
          KOLLAM-691509.


OTHER PRESENT:

          P.C.SASIDHARAN


     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. 11287 OF 2022

                                       2


                 BECHU KURIAN THOMAS, J.
               ===========================
                   W.P.(C) No.11287 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 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.5,78,152/-. 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.Murali Madanthacodu, learned counsel for WP(C) NO. 11287 OF 2022

the petitioner as well as Shri.P.C.Sasidharan, 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 ten instalments.

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

bank to accept repayment of the entire outstanding amount of

Rs.5,78,152/- along with bank charges from the petitioner on the

following conditions:

i. The outstanding amount of Rs.5,78,152/- shall be repaid in ten 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 accordance with law.

WP(C) NO. 11287 OF 2022

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. 11287 OF 2022

APPENDIX OF WP(C) 11287/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE OF THE 2ND RESPONDENT DATED 02.02.2022.

Exhibit P2 PHOTOCOPY OF THE BOARD PUT ON THE PROPERTY OF THE PETITIONER DATED NIL

Exhibit P3 TRUE COPY OF THE PAPER ISSUED BY THE 1ST RESPONDENT IN THE ADALATH DATED 30.03.2022.