Ambika K vs The Kerala Gramin Bank
2022 Latest Caselaw 1738 Ker

WP(C) NO. 5187 OF 2022
                                         1

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                            WP(C) NO. 5187 OF 2022
PETITIONER/S:

     1      AMBIKA K.,
            AGED 53 YEARS
            W/O. GOPI, PLAVARATHALA PUTHEN VEEDU, CHARUVILAKAM,
            MANCHAVILAKOM P.O., THIRUVANANTHAPURAM-695503.
     2      GOPI D.,
            AGED 59 YEARS
            S/O. DHARMALINGAM, PLAVARATHALA PUTHEN VEEDU, CHARUVILAKAM,
            MANCHAVILAKOM P.O., THIRUVANANTHAPURAM-695503.
            BY ADVS.
            SAMPATH V. TOMS
            AMBROSE JUDE DCRUZ


RESPONDENT/S:

     1      THE KERALA GRAMIN BANK,
            REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, KGB
            TOWERS, A.K. ROAD, UP HILL, MALAPPURAM-676505.
     2      THE KERALA GRAMIN BANK,
            REGIONAL OFFICE, REPRESENTED BY ITS CHIEF MANAGER, PRAVIN
            TOWERS, BAKERY JUNCTION, THIRUVANANTHAPURAM-695001.
     3      THE AUTHORISED OFFICER (CHIEF MANAGER),
            THE KERALA GRAMIN BANK, REGIONAL OFFICE, PRAVIN TOWERS,
            BAKERY JUNCTION, THIRUVANANTHAPURAM-695001.
     4      THE KERALA GRAMIN BANK,
            UDIYANKULANGARA BRANCH, REPRESENTED BY ITS MANAGER, MORIAH
            BUILDING, UDIYANKULANGARA P.O., THIRUVANANTHAPURAM-695122.
OTHER PRESENT:

            ADV.GOPIKRISHNAN NAMBIAR


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5187 OF 2022
                                        2



                     BECHU KURIAN THOMAS, J.
               ========================
                     W.P.(C) No. 5187 of 2022
               ------------------------------------------------
                     Dated this the 16th day of February, 2022

                                 JUDGMENT

Petitioners availed three loans from the respondent bank.

The first is a housing loan and the remaining two are term loans.

Consequent to the default in repayment, proceedings have been

initiated by the Bank for recovery of the amounts due.

2. During the course of hearing, petitioners have confined

their relief to an opportunity for repaying the outstanding amount

under the three loans in instalments. According to the petitioners,

first petitioner had suffered a stroke in the recent past due to

which the defualt occurred.

3. On the other hand learned Counsel for the respondents

submitted that the loan account was declared as NPA in the year

2018. It was submitted on behalf of the respondent-Bank that the

overdue amount under the housing loan is Rs.5,66,814/- while the WP(C) NO. 5187 OF 2022

outstanding amount due under the two term loans together is

Rs.7,63,899/-. 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 as well as the outstanding amount in limited instalments

and regularise the housing loan account.

4. I have heard Sri.Sampath V.Toms, the learned counsel

for the petitioners as well as Sri.Gopikrishnan Nambiar, 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 petitioners can be granted

an opportunity to repay the amounts under the three loans in

instalments and on clearing the overdue amount under the

housing loan to have the same regularised

6. Accordingly, there will be a direction to the

respondent-Bank to accept repayment of the overdue amount WP(C) NO. 5187 OF 2022

under the housing loan account being Rs.5,66,814/- in 15 equated

monthly instalments and the outstanding amount uder the two

term loan accounts of Rs.7,63,899/- in 15 equated monthly

instalments along with bank charges from the petitioners on the

following conditions:

(i) The overdue amount of Rs.5,66,814/- under the housing

loan account shall be repaid in '15' monthly instalments.

(ii) The outstanding amount of Rs.7,63,899- under the two

term loan accounts shall be repaid in '15' monthly

instalments.

iii) The first instalment under the three loan accounts shall

be paid on or before 16.03.2022.

iv) Petitioners shall continue to pay the regular EMI's

under the housing loan account along with the instalments

directed above.

v) On completing payment of the amounts as directed above,

the housing loan account of the petitioners shall be

regularised.

WP(C) NO. 5187 OF 2022

(vi) In the event of default of any one instalment, the

respondent-Bank shall be entitled to proceed in accordance

with law.

(vii) In order to enable the petitioners to repay the entire

amounts, all coercive proceedings against the petitioners

shall be kept in abeyance.

The writ petition is disposed of as above.

sd/

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 5187 OF 2022

APPENDIX OF WP(C) 5187/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY THE LEARNED ADVOCATE COMMISSIONER APPOINTED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM IN MC NO.224/2021 TO THE 1ST PETITIONER DATED 31/01/2021.

Exhibit P2 THE TRUE COPY OF THE ORDER ISSUED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAURAM IN MC NO. 224/2021 DATED 28/12/2021.