Kerala High Court
Thomas Mathew vs State Bank Of India Rep.By Its ... on 25 August, 2022
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. 25770 OF 2022
PETITIONER :
THOMAS MATHEW
AGED 55 YEARS
S/O. THOMAS P.M.,
MALAYATTUR PARUVANICKAL,
KAITHAKODI P.O.,KOTTATHUR, AYROOR,
PATHANAMTHITTA, PIN - 689694
BY ADV E.V.MOLY
RESPONDENT :
STATE BANK OF INDIA,
REP.BY ITS AUTHORISED OFFICER,
RASMEC, IRON BRIDGE ROAD, ALAPPUZHA,
PIN - 688 011
ADV.DEEPA NARAYANAN, 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. 25770 OF 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.25770 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 is
Rs.15,28,651/-. 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 Adv.E.V.Moly, on behalf of the petitioner as well
as Smt.Deepa Narayanan, the learned Standing Counsel for the respondent.
5. Having regard to the circumstances of the case, apart from the
submissions made as recorded above, I am of the view that the petitioner can
be granted an opportunity to repay the outstanding amount in '12' instalments.
6. Accordingly, there will be a direction to the respondent bank to
WP(C) NO. 25770 OF 2022
accept repayment of the entire outstanding amount of Rs.15,28,651/- along
with interest and other charges from the petitioner on the following conditions:
(i) The outstanding amount of Rs.15,28,651/- along with interest and
charges shall be repaid in '12' 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.
Notwithstanding the above directions, the respondent bank shall be
free to consider the representation filed by the petitioner as Ext.P2.
However, it is clarified that the said direction shall not stand in the way of
the petitioner in paying the instalment directed above. If a decision is
taken on Ext.P2, necessarily the amount due from the petitioner shall be
governed by said decision.
The writ petition is disposed of as above.
BECHU KURIAN THOMAS
JUDGE
RKM
WP(C) NO. 25770 OF 2022
APPENDIX OF WP(C) 25770/2022
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE
DATED 18.07.2022 RECEIVED BY THE
PETITIONER
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED
3.8.2022
