Sherif S vs The Branch Manager
2022 Latest Caselaw 4434 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                        WP(C) NO. 11372 OF 2022
PETITIONER/S:

               SHERIF S.
               AGED 61 YEARS
               S/O.SHAHUL HAMEED, KUNNIL VEEDU, MANJAPPARA
               P.O., ITTIVA, KOLLAM DISTRICT, PIN - 691 533.

               BY ADVS.
               K.V.ANIL KUMAR
               RADHIKA S.ANIL



RESPONDENT/S:

    1          THE BRANCH MANAGER
               CO-OPERATIVE URBAN BANK LTD.NO.1909,
               CHADAYAMANGALAM BRANCH, KOLLAM DISTRICT, PIN -
               691 534.

    2          THE AUTHORIZED OFFICER
               HEAD OFFICE, CO-OPERATIVE URBAN BANK
               LTD.NO.1909, KOTTARAKARA, KOLLAM DISTRICT, PIN -
               691 506.

               BY ADV SWAPNA VIJAYAN



OTHER PRESENT:

               SMT.SWAPNA VIJAYAN-SC


        THIS     WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   12.04.2022,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 11372 OF 2022
                                  ..2..




                                JUDGMENT

The 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 overdue amount in instalments and

to obtain regularisation of the loan account.

3. The learned Standing Counsel for the

respondent bank, Smt.Swapna Vijayan, would

submit, on instructions, that the petitioner

committed default in repayment and the overdue

amount is Rs.3,63,734/- (Rupees three lakh

sixty three thousand seven hundred and thirty

four only). It is 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 WP(C) NO. 11372 OF 2022 ..3..

and regularise the loan account.

4. I have heard Adv.K.V.Anil Kumar, the learned

counsel for the petitioner as well as

Smt.Swapna Vijayan, the learned Standing

Counsel for the respondent bank.

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

15 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.3,63,734/- (Rupees

three lakh sixty three thousand seven hundred

and thirty four only) along with bank charges

from the petitioner and regularise the loan

account of the petitioner on the following WP(C) NO. 11372 OF 2022 ..4..

conditions;

a)The overdue amount of Rs.3,63,734/- (Rupees

three lakh sixty three thousand seven

hundred and thirty four only) shall be

repaid in 15 equated monthly instalments.

b)The first instalment shall be paid on or

before 10.05.2022.

c)The petitioner shall continue to pay the

regular EMIs along with the instalments

directed above.

d)In the event of default of any one

instalment, the respondent bank shall be

entitled to proceed in accordance with law.

e)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/-

VIJU ABRAHAM

JUDGE bka/13.04.2022 WP(C) NO. 11372 OF 2022 ..5..

APPENDIX OF WP(C) 11372/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 31/01/2022 ISSUED BY THE 2ND RESPONDENT.