Kerala High Court
Latheefa Beevi vs The Authorized Officer, Indusind ... on 22 April, 2022
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. 14098 OF 2022
PETITIONER/S:
LATHEEFA BEEVI,
AGED 62 YEARS
W/O.SHAMSUDEEN, CHARUVILA PUTHEN VEEDU,
KASUVOORKONAM, NEAR GOVT. HSS, KUMMIL, KOLLAM-
691 536.
BY ADVS.
PRAVEEN K. JOY
T.A.JOY
RESPONDENT/S:
1 THE AUTHORIZED OFFICER, INDUSIND BANK LIMITED,
RAMA BHAVAN, TOLL JN., EDAPALLY, KOCHI-682 024.
2 BRANCH MANAGER, INDUSIND BANK LIMITED,
JANVILLA CITY CENTRE, VELLAYAMBALAM
SASTHAMANGALAM ROAD, TRIVANDRUM-695 010.
BY ADV G.HARIHARAN
OTHER PRESENT:
ADV G HARIHARAN
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.14098/2022
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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 is
Rs.1,21,375/- (Rupees one lakh twenty one
thousand three hundred and seventy five 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.14098/2022
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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
five 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.1,21,375/- (Rupees
one lakh twenty one thousand three hundred and
seventy five only) along with bank charges
from the petitioner and regularise the loan
account of the petitioner on the following
WP(C) No.14098/2022
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conditions:
a)The overdue amount of Rs.1,21,375/- (Rupees
one lakh twenty one thousand three hundred
and seventy five only) shall be repaid in
five 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/23.04.2022
WP(C) No.14098/2022
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APPENDIX OF WP(C) 14098/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PERMIT NO.KL 2020
GP 6515 A.
Exhibit P2 THE TRUE COPY OF THE HOSPITAL SUMMARY
DATED 31.07.2021.
Exhibit P3 THE TRUE COPY OF THE ACCOUNT
STATEMENT.
Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY
THE RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE SCHEDULE IN MC
360/2022.
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 1ST AND 2ND
RESPONDENTS DATED 08.04.2022.
