Reshmi Raghavan vs Union Bank Of India
2022 Latest Caselaw 4881 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                  WP(C) NO. 14784 OF 2022
PETITIONERS:

    1     RESHMI RAGHAVAN
          AGED 34 YEARS
          PROP. M/S. DREAMWORLD ENTERPRISES, NO.34,
          35/1793, MATHEWSONS SQUARE BUILDING, 1ST FLOOR,
          NR. CHANGAMPUZHA PARK, EDAPPALLY,
          ERNAKULAM-682024.
    2     JABIN JALAL,
          OLAKKODAN HOUSE, SOUTH KORATTY P.O.,
          MANGALASSERY KARA, KIZHAKKUMMURI,
          THRISSUR, KERALA-680308.
          BY ADVS.
          C.K.ANWAR
          K.S.SUMESH


RESPONDENTS:

          UNION BANK OF INDIA
          PALARIVATTOM BRANCH,
          PERINGATTU BUILDING,
          PALARIVATTOM JN.,
          PALARIVATTOM, KAKKANAD ROAD,
          ERNAKULAM-682025.
          ADV.A.S.P.KURUP, SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.14784/2022

                                              2



                             MOHAMMED NIAS C.P., J
                             .......................................
                             W.P.(C) No.14784 of 2022
                          ................................................
                        Dated this the 29th day of April, 2022

                                        JUDGMENT

The petitioners have availed an overdraft facility from the

respondent Bank for an amount of Rs.50 Lakhs and due to

the difficulties caused by the pandemic, repayments were

not made in time and the same led to proceedings for

recovery against the petitioners.

2. The limited prayer of the petitioners in this writ petition

is to grant instalment facility to pay the outstanding

amounts in instalments.

3. The learned Standing Counsel for the respondent Bank, on

instructions, submits that the outstanding amount as on

01.03.2022 is Rs.54,68,000/-.

4. Taking into account the averments in the writ petition and

after hearing the learned counsel on either side, I deem it

appropriate to grant '10' equal monthly instalments to the

petitioners to wipe off the outstanding amounts due to the

respondent bank.

WP(C) NO.14784/2022

5. In the said circumstances, this writ petition is disposed of,

permitting the petitioners to clear off the liability of the

respondent Bank in 10 equal monthly instalments. The first

instalment shall be paid on or before 01.06.2022 and the

remaining instalments shall be paid on or before the 1 st

day of every succeeding month.

6. It is made clear that, if there are two defaults committed

in paying the instalments at any time, the petitioners will

lose the benefit of this judgment and the respondent bank

will be at liberty to proceed against the petitioners on the

basis of the recovery proceedings already initiated.

7. In order to enable the petitioners to repay the entire

amounts, all coercive proceedings initiated against the

petitioners shall be kept in abeyance.

The writ petition is disposed of.

Sd/-

MOHAMMED NIAS C.P., JUDGE

AMV/30/04/2022 WP(C) NO.14784/2022

APPENDIX OF WP(C) 14784/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SHOP LICENSE DATED 29.9.2021.

Exhibit P2 TRUE COPY OF THE ACCOUNT STATEMENT OF THE LOAN TRANSACTIONS 18.9.2018 TO 24.6.2021.

Exhibit P3 TRUE COPY OF THE NOTICE UNDER SECTION 13(2) DATED 30.6.2021.

Exhibit P4 TRUE COPY OF THE SALE NOTICE DATED 14.3.2022.

RESPONDENTS EXHIBITS : NIL

TRUE COPY