Anand Lal vs The Kerala State Co-Operative ...
2022 Latest Caselaw 4659 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                     WP(C) NO. 13980 OF 2022
PETITIONER/S:

            ANAND LAL
            AGED 33 YEARS
            W/O. HARISS, AL COTTAGE, POGUMPOTTA,
            DHANUVACHAPURAM., NEYYATTINKARA,
            THIRUVANANTHAPURAM 6956 503

            BY ADV E.V.MOLY



RESPONDENT/S:

            THE KERALA STATE CO-OPERATIVE BANK LTD.,
            REGIONAL OFFICE, EAST FORT, THIRUVANANTHAPURAM
            695 023
            REPRESENTED BY ITS AUTHORIZED OFFICER


OTHER PRESENT:

            SC: THOMAS ABRAHAM




     THIS     WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   22.04.2022,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13980/2022
                                ..2..




                              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 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 as on

25.02.2022 is Rs.5,30,808/- (Rupees five lakh

thirty thousand eight hundred and eight only).

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 WP(C) No.13980/2022 ..3..

the loan account.

4. I have heard the learned counsel for the

petitioner as well as the learned Standing

Counsel for the respondent.

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.5,30,808/- (Rupees

five lakh thirty thousand eight hundred and

eight only) along with bank charges from the

petitioner and regularise the loan account of

the petitioner on the following conditions: WP(C) No.13980/2022 ..4..

a)The overdue amount of Rs.5,30,808/- (Rupees

five lakh thirty thousand eight hundred and

eight only) shall be repaid in 12 equated

monthly instalments.

b)The first instalment shall be paid on or

before 23.05.2022.

c)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/22.04.2022 WP(C) No.13980/2022 ..5..

APPENDIX OF WP(C) 13980/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE DATED 09-02-2021