Gopika Rani vs Authorised Officer
2022 Latest Caselaw 1882 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                       WP(C) NO. 5331 OF 2022
PETITIONER :

             GOPIKA RANI, AGED 67 YEARS
             VISWADARSANAM BHASI NAGAR,
             KOCHULLOOR MEDICAL COLLEGE POST,
             THIRUVANANTHAPURAM 695011
             THIRUVANANTHAPURAM, PIN - 695011
             BY ADVS.
             SAIJO HASSAN
             P.PARVATHY
             RENJINI M. RENJITH
             U.M.HASSAN
             RAFEEK. V.K.
             ABHIRAMI DINESH
             K.N.MUHAMMED THANVEER
             N.KRISHNA OZHAKKANAT
             BENOJ C AUGUSTIN


RESPONDENT    :

             AUTHORISED OFFICER
             INDIAN OVERSEAS BANK, ULLOOR BRANCH
             THIRUVANANTHAPURAM
             THIRUVANANTHAPURAM, PIN - 695011.
             SRI.SUNIL SHANKAR, SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5331 OF 2022
                                         2



                     BECHU KURIAN THOMAS, J
                   ..............................................
                       W.P.(C) No.5331 of 2022
                      .....................................
               Dated this the 18 th 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 the hearing, petitioner has confined the relief

to an opportunity for repaying the outstanding amount in

instalments.

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

petitioner committed default in repayment and the outstanding

amount is Rs.13,98,358/-. 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 outstanding amount in limited instalments.

4. I have heard Sri.Saijo Hassan, the learned counsel for the

petitioner as well as Sri.Sunil Shankar, the learned Standing

Counsel for respondent.

5. Having regard to the circumstances of the case and the situation WP(C) NO. 5331 OF 2022

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 outstanding amount in '15' instalments.

6. Accordingly, there will be a direction to the respondent-Bank to

accept repayment of the entire outstanding amount of

Rs.13,98,358/- along with bank charges from the petitioner on the

following conditions:

(i). The outstanding amount of Rs.13,98,358 /- shall be

repaid in '15' equated monthly instalments.

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

16.03.2022.

(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 against the petitioner

shall be kept in abeyance.

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/18/02//2022 WP(C) NO. 5331 OF 2022

APPENDIX OF WP(C) 5331/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 15.09.2021 ISSUED BY THE RESPONDENT Exhibit P2 TRUE COPY OF THE AMOUNT REMITTED BY THE PETITIONER REFLECTED IN THE PASSBOOK

RESPONDENTS EXHIBITS : NIL

TRUE COPY