Kerala High Court
Manoj M vs Canara Bank on 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 38445 OF 2022
PETITIONER :
MANOJ M., AGED 42 YEARS
S/O. MADHAVAN, MANALIKKAD,
PERINKULAM, ALATHUR,
PALAKKAD, PIN - 678542
BY ADVS.
S.MUMTAZ
ALISHA ASLAM
AJITH M. JIJI
AMINA RUBY FAIZAL
RESPONDENT :
CANARA BANK
REP. BYTHE AUTHORIZED OFFICER,
REGIONAL OFFICE, PALAKKAD,
AZEEZ COMPLEX, MARKET ROAD,
PALAKKAD., PIN - 678014
SC,SRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) 38445/2022
2
BECHU KURIAN THOMAS, J
...........................................
W.P.(C) No.38445 of 2022
.....................................
Dated this the 2 nd day of December, 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 confined the relief
to an opportunity for repaying the overdue amount in
instalments and to obtain regularisation of the loan
account.
3. It was submitted on behalf of the respondent-Bank that
petitioner committed default in repayment and the overdue
amount is Rs.1,10,487/-. 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 overdue amount in limited
instalments and regularise the loan account.
4. I have heard Smt.Mumtaz Shumsuddin, the learned counsel
WP(C) 38445/2022
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, I am of the view that the petitioner
can be granted an opportunity to repay the overdue
amount in '3' instalments and thereafter, if the amount so
directed is repaid within the time as directed above, to
have the loan account regularised.
6. Accordingly, there will be a direction to the respondent-
Bank to accept repayment of the entire overdue amount of
Rs.1,10,487/- along with bank charges from the petitioner
and to regularise the loan account of the petitioner on the
following conditions:
(i). The overdue amount of Rs.1,10,487/- shall be
repaid in ''3' equated monthly instalments.
(ii). The first instalment shall be paid on or before
02.01.2023 and the remaining instalments shall be paid
on or before the 2nd day of every succeeding month.
(iii). Petitioner shall continue to pay the regular EMI's
along with the instalments directed above.
WP(C) 38445/2022
(iv). In the event of default of any two instalments, the
respondent bank shall be entitled to proceed in
accordance with law.
(v) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings initiated against the
petitioner shall be kept in abeyance.
The writ petition is disposed of.
BECHU KURIAN THOMAS
JUDGE
AMV/03/12/2022
WP(C) 38445/2022
APPENDIX OF WP(C) 38445/2022
PETITIONER EXHIBITS :
Exhibit P 1 COPY OF NOTICE OF SALE DATED 26.10.2022
ISSUED BY THE RESPONDENT.
Exhibit P 2 TRUE COPY OF REQUEST LETTER DATED
7/11/2022
