Abdul Muthalif vs The Trichur Urban Co-Operative ...
2022 Latest Caselaw 1595 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. 30669 OF 2021
PETITIONERS:

    1     ABDUL MUTHALIF,
          AGED 70 YEARS
          S/O.P.M.HUSSANKUTTY, PAARIKUNNATH HOUSE, OVER BRIDGE
          ROAD, POOTHOLE DESOM, THRISSUR VILLAGE, POOTHOLE P.O.,
          THRISSUR-680 004.

    2     LAILA,
          AGED 58 YEARS
          W/O.ABDUL MUTHALIF, PAARIKUNNATH HOUSE, OVER BRIDGE
          ROAD, POOTHOLE DESOM, THRISSUR VILLAGE, POOTHOLE P.O.,
          THRISSUR-680 004.

          BY ADVS.
          C.DHEERAJ RAJAN
          ANAND KALYANAKRISHNAN


RESPONDENTS:

    1     THE TRICHUR URBAN CO-OPERATIVE BANK,
          MISSION QUARTERS, THRISSUR, REPRESENTED BY ITS BRANCH
          MANAGER, PIN-680 001.

    2     AUTHORIZED OFFICER, THE TRICHUR URBAN CO-OPERATIVE
          BANK,
          MISSION QUARTERS, THRISSUR-680 001.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.30669 of 2021
                                     2


                  BECHU KURIAN THOMAS, J.
                ===========================
                   W.P.(C) No.30669 of 2021
               ============================
                 Dated this the 15th day of February, 2022

                               JUDGMENT

Petitioners 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, petitioners have 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

petitioners committed default in repayment and the overdue

amount is Rs.5,05,136/-. 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.

W.P.(C) No.30669 of 2021

4. I have heard Shri.Dheeraj Rajan.C, learned counsel for the

petitioner as well as Shri.Devaprasanth P.K., learned 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 petitioners can be granted

an opportunity to repay the overdue amount in ten 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.5,05,136/- along with bank charges from the petitioners and

regularise the loan account of the petitioners on the following

conditions:

(i) The overdue amount of Rs.5,05,136/- shall be repaid in ten equated monthly instalments.

(ii) The first instalment shall be paid on or before 15.03.2022.

W.P.(C) No.30669 of 2021

(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 petitioners 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 ssa/ W.P.(C) No.30669 of 2021

APPENDIX OF WP(C) 30669/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 05.11.2019 IN WPC NO.29396/2019.

Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 21.12.2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONERS.