Ameen Pasha vs Kerala Gramin Bank
2022 Latest Caselaw 4903 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. 14851 OF 2022
PETITIONER:

             AMEEN PASHA, AGED 37 YEARS
             S/O.MUHAMMED,
             UMMINIYATH HOUSE, PARICHAKUZHI,
             KOLATHUR P.O., MALAPPURAM DISTRICT
             PIN - 679338
             BY ADV K.RAKESH


RESPONDENT:

             KERALA GRAMIN BANK
             KOLATHUR BRANCH, KOLATHUR P.O.,
             MALAPPURAM DISTRICT, PIN - 679 338,
             REPRESENTED BY ITS AUTHORISED OFFICER
             PIN - 679338
             BY SRI. JAWAHAR JOSE



      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.14851 of 2022
                                     2

                      MOHAMMED NIAS. C.P.,J
                   ------------------------
                     WP(C) No. 14851 of 2022
                   ------------------------
                 Dated this the 29th day of April, 2022

                               JUDGMENT

The petitioner had availed a loan from the respondent

bank by creating mortgage of residential property as the

secured asset. Due to the Covid pandemic, repayments were

not made in time and the same led to proceedings for recovery

against the petitioner. The learned counsel for the petitioner

submits that the sale of the property is scheduled on

16.05.2022.

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.

3. The learned Standing Counsel for the respondent

Bank, on instructions, submits that the total outstanding

amount due to the bank as on today is Rs.10,39,249/-.

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 instalment facility to the

petitioner to wipe off the overdue amounts due to the

respondent bank.

5. In the said circumstances this writ petition is WP(C)No.14851 of 2022

disposed of permitting the petitioner to deposit an amount of

Rs.1,00,000/- before the sale date (16.5.2022). The petitioner to

clear off the balance overdue amounts due to the respondent

bank in 9 equal monthly instalments starting from 15.06.2022.

6. 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 29.4.2022 WP(C)No.14851 of 2022

APPENDIX OF WP(C) 14851/2022

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED, 7-4-2022 Exhibit P2 A TRUE COPY OF THE COVERING LETTER TO THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED, 7-4-2022 TO THE PETITIONER