Shahul Hameed vs Kerala Bank
2022 Latest Caselaw 1403 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                          WP(C) NO. 3199 OF 2022
PETITIONER/S:

             SHAHUL HAMEED
             AGED 54 YEARS
             S/O. MIRAN RAUTHER, PAYYAM PALLIL HOUSE, KUTTAPARAMB
             P.O., ALAKODE, KANNUR DISTRICT, PIN-670571.

             BY ADVS.
             V.T.MADHAVANUNNI
             V.A.SATHEESH
             ANAND V.S



RESPONDENT/S:

     1       KERALA BANK ,
             (KERALA STATE CO-OPERATIVE BANK), ALAKODE BRANCH,
             ALAKODE P.O., KANNUR DISTRICT, PIN-670571,
             REPRESENTED BY THE SENIOR MANAGER.

     2       AUTHORISED OFFICER,
             UNDER SARFAESI ACT 2002, KERALA STATE CO-OPERATIVE BANK,
             KANNUR REGIONAL OFFICE, KANNUR DISTRICT, PIN-670001.

             BY ADV M.SASINDRAN



OTHER PRESENT:

             SMT.NISHA BOSE-SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3199 OF 2022
                              2



               BECHU KURIAN THOMAS, J.
           ========================
                 W.P.(C) No. 3199 of 2022
           ========================
          Dated this the 1st day of February, 2022

                       JUDGMENT

Petitioner as borrower from the respondent bank,

have committed default in repayment. Consequently,

proceedings have been initiated by the bank for recovery of

the amounts due.

2. During the course of the hearing, petitioner has

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 respondents

bank that the petitioner committed default in repayment

and the overdue amount is Rs.8,94,170/- It was further

submitted that though proceedings for recovery have been

initiated, as a matter of indulgence, the respondent bank is WP(C) NO. 3199 OF 2022

willing to accept repayment of the overdue amount in

limited instalments and regularise the loan account.

4. I have heard Sri. V. T. Madhavan Unni, learned

Counsel for the petitioner as well as Sri. M. Sasindran, the

learned Standing Counsel for the respondent Bank.

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 12 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. 8,94,170/-along with bank charges from the

petitioner and regularise the loan account of the petitioner

on the following conditions:

i. The overdue amount of WP(C) NO. 3199 OF 2022

Rs.8,94,170/- shall be repaid in 12 equated monthly instalments.

ii. The first instalment shall be paid on or before 01.03.2022.

iii. Petitioner shall continue to pay the regular EMI's along with the instalments directed above.

iv. In the event of default of any one instalment, 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 steps shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE LU WP(C) NO. 3199 OF 2022

APPENDIX OF WP(C) 3199/2022

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE COMMISSIONER JULY J.B.

EXHIBIT P2 A TRUE COPY OF LOAN DETAILS GIVEN TO THE PETITIONER BY THE RESPONDENT NO.1.

// True Copy // PA To Judge