Shainy Rajan vs Bank Of Baroda
2022 Latest Caselaw 4884 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. 14821 OF 2022
PETITIONERS:

     1       SHAINY RAJAN
             AGED 57 YEARS
             W/O.BABURAJAN J., TC 44/458,
             ANN'S GATE VALIYATHURA, VALLAKKADAVU P.O.,
             THIRUVANANTHAPURAM - 695 008.
     2       BABURAJAN J.
             AGED 64 YEARS
             S/O.JANARDHANA PANICKER, TC 44/458,
             ANN'S GATE VALIYATHURA, VALLAKKADAVU P.O.,
             THIRUVANANTHAPURAM - 695 008.
             BY ADV C.S.SUMESH


RESPONDENTS:

     1       BANK OF BARODA
             REP. BY BRANCH MANAGER, ROSARB BRANCH,
             ERNAKULAM CRK BUILDING, MG ROAD,
             PALLIMUKKU JUNCTION, ERNAKULAM - 682016.
     2       BANK OF BARODA
             REP. BY AUTHORIZED OFFICER, ROSARB BRANCH,
             ERNAKULAM, CRK BUILDING, MG ROAD,
             PALLIMUKKU JUNCTION, ERNAKULANM - 682 016.


             BY SMT.R.REMA, 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. 14821 OF 2022
                                      2



                         MOHAMMED NIAS. C.P.,J
                      ------------------------
                        WP(C) No. 14821 of 2022
                      ------------------------
                    Dated this the 29th day of April, 2022

                                JUDGMENT

The petitioner had availed a housing loan from the

respondents for an amount Rs.15 lakh 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 petitioner.

2. The limited prayer of the petitioner in this writ

petition is to grant instalment facility to pay the overdue

amounts and to regularise the loan account.

2. The learned Standing Counsel for the respondent

Bank, on instructions, submits that the outstanding liability as

on today is Rs.6,62,953/-

3. Taking into account the averments in the writ

petition and after hearing the learned counsel on either side, I

deem it appropriate to grant 24 equal monthly instalment

facility to the petitioner to wipe off the liability of the WP(C) NO. 14821 OF 2022

respondent bank.

4. In the said circumstances this writ petitions is

disposed of permitting the petitioner to clear off the liability of

the respondent bank in 24 equal monthly instalments starting

from 01.06.2022.

5. It is made clear that if there are two defaults

committed in paying the instalments at any time, the petitioner

will lose the benefit of this order and the respondent bank will

be at liberty to proceed against the petitioner on the basis of

the recovery proceedings already initiated.

The writ petition is disposed of.

Sd/-

MOHAMMED NIAS. C.P.,JUDGE

dlK 18.01.2022 WP(C) NO. 14821 OF 2022

APPENDIX OF WP(C) 14821/2022

PETITIONER'S EXHIBITS Exhibit P1 DEPOSIT RECEIPT DATED 06/01/2020 OF RS.1.5 LAKHS.

Exhibit P2 THE TRUE COPY OF THE ADVOCATE NOTICE DATED 16/04/2022 ISSUED BY THE ADVOCATE COMMISSIONER TO 1ST PETITIONER IN M.C.NO.47/2021 OF CJM, TVM.

Exhibit P3 THE TRUE COPY OF THE ADVOCATE NOTICE DATED 16/04/2022 ISSUED BY THE ADVOCATE COMMISSIONER TO 2ND PETITIONER IN M.C.NO.47/2021 OF CJM, TVM.

WP(C) NO. 14821 OF 2022

APPENDIX OF WP(C) 14874/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 24.01.2022 RECEIVED BY THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE POSSESSION NOTICE DATED 04.02.2022 RECEIVED BY THE PETITIONER.