Reginkumar. R vs The Branch Manager
2022 Latest Caselaw 12394 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                        WP(C) NO. 41381 OF 2022
PETITIONER :

          REGINKUMAR R.,
          AGED 43 YEARS,
          S/O RAVIKUMAR,
          FLAT NO.4D, ATRIA FLATS
          VELYALUKKAL,
          KANIMANGALAM ,THRISSUR,
          PIN - 680 027

          BY ADVS.
          M.R.REENA
          P.S.SUJETH



RESPONDENTS :

    1     THE BRANCH MANAGER,
          CANARA BANK,
          KOORKENCHERY BRANCH,
          THRISSUR , PIN - 680 007

    2     THE AUTHORIZED OFFICER,
          CANARA BANK,
          KOORKENCHERY BRANCH,
          THRISSUR , PIN - 680 007

          BY SRI.M.GOPIKRISHNAN NAMBIAR, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41381 OF 2022
                                        2


                      BECHU KURIAN THOMAS, J.
                       --------------------------------
                        W.P.(C) No.41381 of 2022
                      ---------------------------------
                 Dated this the 23rd 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 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 the

petitioner committed default in repayment and the outstanding amount under

overdraft facility is Rs.6,92,000/-. 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 Smt.M.R.Reena, the learned counsel for the

petitioner as well as Sri.M.Gopikrishnan Nambiar, the learned Standing

Counsel for the respondents.

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 WP(C) NO. 41381 OF 2022

outstanding amount in '12' instalments.

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

accept repayment of the entire outstanding amount of Rs.6,92,000/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.6,92,000/- shall be repaid in '12' equated monthly instalments.

(ii) The first instalment shall be paid on or before 23.01.2023 and the remaining instalments shall be paid on or before the 23rd 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. 41381 OF 2022

APPENDIX OF WP(C) 41381/2022

PETITIONER'S EXHIBITS :

Exhibit P 1 TRUE COPY OF THE ONE TIME SETTLEMENT DATED 20/10/2022

Exhibit P 2 TRUE COPY OF THE POSSESSION NOTICE DATED 2/12/2022

Exhibit P 3 TRUE COPY OF THE REPRESENTATION DATED 14/12/2022 SENT BY THE PETITIONER