Vishnu Salimkumar vs The City Union Bank Ltd
2022 Latest Caselaw 4667 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. 11871 OF 2022
PETITIONER/S:

            VISHNU SALIMKUMAR
            AGED 37 YEARS
            CHANAYIL HOUSE, POTTAYIL TEMPLE, EROOR ,
            THRIPUNITHURA , ERNAKULAM DISTRICT-682 306

            BY ADVS.
            L.RAM MOHAN
            M.AUBREY ABRAHAM ISAAC



RESPONDENT/S:

        THE CITY UNION BANK LTD.
        KANNETH BUILDING , NEAR GOVERNMENT HOSPITAL ,
        THRIPUNITHURA-REPRESENTED BY ITS AUTHORISED
        OFFICER,PIN-682 301


OTHER PRESENT:

            SC: THOMAS T VARGHESE




     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.11871/2022

                              ..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 the 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.16,64,608/- (Rupees sixteen lakh sixty four

thousand six 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 outstanding amount in WP(C) No.11871/2022

..3..

limited instalments.

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 outstanding amount

in instalments.

6. Accordingly, there will be a direction to the

respondent-Bank to accept repayment of a sum

of Rs.3,00,000/- (Rupees three lakh only) on

or before 30.05.2022 and the balance

outstanding amount along with bank charges

from the petitioner in six equated monthly

instalments on the following conditions:

a)The petitioner shall pay a sum of

Rs.3,00,000/- (Rupees three lakh only) on

or before 30.05.2022.

WP(C) No.11871/2022

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b)The balance outstanding amount shall be

repaid in six equated monthly instalments,

of which, the first instalment shall be

paid on or before 30.06.2022.

c)In the event of default of any one

instalment, the respondent-Bank shall be

entitled to proceed in accordance with law.

d)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/23.04.2022 WP(C) No.11871/2022

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APPENDIX OF WP(C) 11871/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AUCTION NOTICE DATED 3.3.22