Rasheeda Beevi vs The Manager
2022 Latest Caselaw 1564 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                       WP(C) NO. 5015 OF 2022
PETITIONER:

          RASHEEDA BEEVI,
          AGED 41 YEARS
          W/O. ANZAR, KUTTIL PATHANVEEDU, EDAKKULANGARA P.O,
          KOLLAM 690 523.
          BY ADVS.
          M.R.NANDAKUMAR
          MAYIKA SUNDAR
          ARJUN ANIL


RESPONDENT:

          THE MANAGER,
          KERALA STATE CO-OPERATIVE BANK LTD., KARUNAGAPPALLY
          EVENING BRANCH, KOLLAM 690 518.
          BY ADV SRI.P.C.SASIDHARAN, SC, KOLLAM DISTRICT CO-
          OPERATIVE BANK LTD.


OTHER PRESENT:

          ADV.P.C.SASIDHARAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5015 OF 2022
                               2




                 BECHU KURIAN THOMAS, J.
            -----------------------------------------
                  W.P.(C) No. 5015 of 2022
             ----------------------------------------
          Dated this the 15th day of February, 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

overdue amount in instalments and to obtain regularisation

of the loan account.

3. It was submitted on behalf of the respondent bank

that the petitioner committed default in repayment and the

overdue amount is Rs.5,48,864/-. It was further submitted

that though proceedings for recovery have been initiated,

as a matter of indulgence, the respondent bank is willing to WP(C) NO. 5015 OF 2022

accept repayment of the overdue amount in limited

instalments and regularise the loan account.

4. I have heard Sri.M.R.Nandakumar, learned counsel

for the petitioner as well as Sri.P.C.Sasidharan, 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 '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.5,48,864/- along with bank charges from the

petitioner and regularise the loan account of the petitioner

on the following conditions:

(i) The overdue amount of Rs.5,48,864/- shall be repaid in '12' equated monthly instalments. WP(C) NO. 5015 OF 2022

(ii) The first instalment shall be paid on or before 15/03/2022.

(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 proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 5015 OF 2022

APPENDIX OF WP(C) 5015/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE BANK PASS BOOK ISSUED BY THE RESPONDENT BANK.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 03.11.2021 OF THE RESPONDENT BANK.

Exhibit P3 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 27.12.2021 OF THE STAR HOSPITAL AND NURSING HOME IN KOLLAM.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 29.11.2021 FILED BY THE PETITIONER.

RESPONDENT'S EXHIBITS : NIL

AJM                //TRUE COPY//              PA TO JUDGE