Kerala High Court
Aiex T Jayan George vs Authorised Officer on 15 February, 2022
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. 3402 OF 2022
PETITIONER:
AIEX T JAYAN GEORGE
AGED 56 YEARS
S/O JAYAN T GEORGE, THALAKKOTTU, MALAKKARA P O,
EDAYARANMULA, PATHANAMTHITTA , PIN - 689532
BY ADV P.THOMAS GEEVERGHESE
RESPONDENTS:
1 AUTHORISED OFFICER
INDIAN BANK LTD, CHENGANNUR BRANCH. PB NO.7,
ENGINEERING COLLEGE ROAD, CHENGANNUR., PIN - 689121
2 INDIAN BANK LTD
REPRESENTED BY ITS BRANCH MANAGER, CHENGANNUR BRANCH,
PB NO.7, ENGINEERING COLLAGE ROAD, CHENGANNUR, PIN -
689121
OTHER PRESENT:
ADV.S EASWARAN-SC
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. 3402 OF 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No. 3402 of 2022
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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 total
outstanding amount in instalments.
3. It was submitted on behalf of the respondent bank
that the petitioner committed default in repayment and the
total outstanding amount is Rs.22,96,171/-. 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 total outstanding amount
in limited instalments.
WP(C) NO. 3402 OF 2022
4. I have heard Sri.P.Thomas Geeverghese, learned
counsel for the petitioner as well as Sri.S.Easwaran, 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 total
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.22,96,171/- along with bank
charges from the petitioner on the following conditions:
(i) The total outstanding amount of
Rs.22,96,171/- shall be repaid in '12'
monthly instalments, on condition that
an amount of Rs.3,00,000/ (Rupees
three lakhs only) shall be paid by the
petitioner on or before 15/03/2022.
(ii) If the said amount is paid as directed
above, the petitioner will be entitled to
clear the balance amount, after
deducting the said amount of
WP(C) NO. 3402 OF 2022
Rs.3,00,000/-, in '11' equated monthly
instalments, commencing from
15.04.2022.
(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.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(C) NO. 3402 OF 2022
APPENDIX OF WP(C) 3402/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF LOAN SANCTIONING DETAILS
ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF POSSESSION NOTICE ISSUED
BY THE 1ST RESPONDENT.DATED.3.1.2022.
Exhibit P2(a) TRUE COPY OF POSSESSION NOTICE ISSUED
BY THE 1ST RESPONDENT.DATED.3.1.22
RESPONDENT'S EXHIBITS : NIL
AJM //TRUE COPY// PA TO JUDGE
