Kerala High Court
Muhammad Haneef vs The District Collector on 15 February, 2022
WP(C) NO. 5052 OF 2022
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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. 5052 OF 2022
PETITIONER/S:
MUHAMMAD HANEEF ,
AGED 50 YEARS
S/O. MUHAMMED, MANIMUNDA HOUSE, UPPALA P.O., MANGALPPADI,
GRAMA PANCHAYATH, HOUSE NO. 22/125, UPPALA VILLAGE,
KASARAGOD DISTRICT-671322.
BY ADV SANDHYA RAJU
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, VIDYANAGAR, KASARAGOD, KERALA-671123.
2 CANARA BANK,
REPRESENTED BY THE MANAGER, UPPALA BRANCH, RAILWAY STATION
ROAD, UPPALA, KASARAGOD-671322.
OTHER PRESENT:
ADV. NISHA BOSE-SR.GP-,ADV.LEO GEORGE
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. 5052 OF 2022
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BECHU KURIAN THOMAS, J.
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W.P.(C)No.5052 of 2022
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Dated this the 15th day of January, 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 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 respondent-Bank that
the petitioner committed default in repayment and the overdue
amount is Rs.2,55,000/-. 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 overdue amount in limited instalments and regularise the loan
account.
4. I have heard Smt.Sandhya Raju, the learned counsel for
the petitioner as well as Sri.Leo George, learned 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
WP(C) NO. 5052 OF 2022
recorded above, I am of the view that the petitioner can be granted
an opportunity to repay the overdue amount in '10' 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.2,55,000/- 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.2,55,000/- shall be repaid in '10'
equated monthly instalments.
(ii). The first instalment shall be paid on or before 22.03.2022.
(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 against the petitioner shall be kept in
abeyance.
The writ petition is disposed of as above.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 5052 OF 2022
APPENDIX OF WP(C) 5052/2022
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE MEDICAL CERTIFICATE OF HIS WIFE
DATED 15TH SEPTEMBER 2015.
Exhibit P2 A COPY OF THE MEDICAL CERTIFICATE OF THE MINOR
CHILD DATED 15TH JULY 2020.
Exhibit P3 A COPY OF THE SYNDICATE BANK STATEMENT DATED
11TH JANUARY 2018.
Exhibit P4 A COPY OF THE POSSESSION NOTICE DATED 7TH JUNE
2019 ISSUED BY SYNDICATE BANK.
Exhibit P5 A COPY OF THE BANK NOTICE ISSUED BY CANARA BANK
DATED 7TH JANUARY 2022 WITH TYPED COPY.
Exhibit P6 A COPY OF THE REPRESENTATION PREFERRED BEFORE
THE DISTRICT COLLECTOR 4TH JANUARY 2022.
