Sunish A.S vs Canara Bank Ltd, Rep. By Its ...
2022 Latest Caselaw 9471 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       WP(C) NO. 27184 OF 2022
PETITIONER :

          SUNISH A.S.,
          AGED 39 YEARS,
          S/O. ANANDAN.S., SWAPNA NIVAS, TC-11/16,
          LOWER PATTOM, THIRUVANANTHAPURAM,
          PIN - 695 004

          BY ADVS.
          NAVEEN RADHAKRISHNAN
          S.M.NOWFI



RESPONDENT :

          CANARA BANK LTD,
          REP. BY ITS AUTHORISED OFFICER,
          PUTHENCHIRA BRANCH,
          THIRUVANATHAPURAM, PIN - 695 028

          BY SRI.M.GOPIKRISHNAN NAMBIAR, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27184 OF 2022
                                        2


                       BECHU KURIAN THOMAS, J.
                     =-=-=-=-=-=-=-=-=-=-=-=-=-=
                       W.P.(C) No.27184 of 2022
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                 Dated this the 25th day of August, 2022


                                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 outstanding amount in instalments.

3. It was submitted on behalf of the respondent bank that

petitioner committed default in repayment and the outstanding amount under

a cash credit facility is Rs.59,59,000/-. 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

limited instalments.

4. I have heard Sri.Naveen Radhakrishnan, the learned counsel

for the petitioner as well as Sri.M.Gopikrishnan Nambiar, 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, WP(C) NO. 27184 OF 2022

I am of the view that the petitioner can be granted an opportunity to repay the

outstanding amount in '15' instalments.

6. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of Rs.59,59,000/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.59,59,000/- shall be repaid in '15' equated monthly instalments.

(ii) The first instalment shall be paid on or before 25.09.2022 and the remaining instalments shall be paid on or before the 25th day of the succeeding months.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

(iv) 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.

BECHU KURIAN THOMAS JUDGE RKM WP(C) NO. 27184 OF 2022

APPENDIX OF WP(C) 27184/2022

PETITIONER'S EXHIBITS :

Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED DATED 07.04.2021

Exhibit P2 THE TRUE COPY OF THE SAID ORDER ISSUED BY THE HON'BLE CHIEF JUDICIAL MAGISTRATE, THRIRUVANTHAPURAM DATED 19.7.2022

Exhibit P3 THE TRUE COPY OF THE SAID NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 12.8.2022