Muhammed Cheriya Vadakkedath vs Axis Bank
2022 Latest Caselaw 1908 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. 5563 OF 2022
PETITIONER :

          MUHAMMED CHERIYA VADAKKEDATH
          AGED 48 YEARS
          KADAVANTHODY HOUSE, PAYYOLI,
          VADAKKARA, KOZHIKODE - 673 523.
          BY ADVS.
          P.A.MOHAMMED SHAH
          RENOY VINCENT
          ASWIN KUMAR M J
          HELEN P.A.
          ARUN ROY
          SHAHIR SHOWKATH ALI


RESPONDENTS:

    1     AXIS BANK
          RETAIL ASSET CENTRE, 2ND FLOOR,
          GLOBAL TOWER, PARAYANCHERI,
          KOZHIKODE - 6730 16,
          REPRESENTED BY ITS BRANCH MANAGER.
    2     AUTHORIZED OFFICER
          AXIS BANK, RETAIL ASSET CENTRE,
          2ND FLOOR, GLOBAL TOWER,
          PARAYANCHERI, KOZHIKODE - 673016.
          ADV.SAJU N.A., 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. 5563 OF 2022
                                                 2



                     BECHU KURIAN THOMAS, J
                   ..............................................
                       W.P.(C) No.5563 of 2022
                      .....................................
               Dated this the 18 th day of February, 2022

                                      JUDGMENT

Petitioner as borrower from the respondent-Bank,

had 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 his relief to an opportunity for repaying the

overdue amount in instalments and to obtain

regularisation of the loan account.

3. The learned counsel for the respondent vehemently

objected to the grant of any leniency to the

petitioner, since there was a violation of the

conditions imposed in the judgment in W.P.(C)

No.34833/2019 and also since there was a deliberate

attempt to evade payment of regular monthly WP(C) NO. 5563 OF 2022

instalments.

4. I have heard Sri.Mohammed Shah, the learned

counsel for the petitioner as well as Sri.Saju N.A.,

learned Standing Counsel for the respondents.

5. Considering the nature of circumstances now

prevailing, I am of the view that the petitioner

ought to be granted one more opportunity to repay

the overdue amount in instalments despite the earlier

default. However, I make it clear that if there is

any default of any of the conditions specified in this

judgment, petitioner shall not be entitled to seek any

extension of time or for any modification of this

judgment. Petitioner's right for seeking such benefits

shall stand foreclosed by this judgment.

6. Accordingly, there will be a direction to the

respondent-Bank to accept repayment of the entire

overdue amount of Rs.8,31,679/- along with bank

charges from the petitioner in '12' instalments and WP(C) NO. 5563 OF 2022

to regularise the loan account of the petitioner on

the following conditions:

(i). The overdue amount of Rs.8,31,679/- shall be

repaid in '10' equated monthly instalments.

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

18.03.2022.

(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.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/18/02//2022 WP(C) NO. 5563 OF 2022

APPENDIX OF WP(C) 5563/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 21995/2017 DATED 05.07.2017. Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 13.06.2019. Exhibit P3 THE TRUE COPY OF THE ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE'S COURT IN M.C. NO. 374/2019 DATED 12.11.2019. Exhibit P4 THE TRUE COPY OF THE JUDGMENT PASSED IN WRIT PETITION NO. 34833/2019 DATED 18.12.2019.

Exhibit P5 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 03.02.2022. Exhibit P6 THE TRUE COPY OF THE RELEVANT PAGES OF THE STATEMENT OF ACCOUNT ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT BANK DATED 08.02.2022.

Exhibit P7 THE TRUE COPY OF THE DISCHARGE SUMMARY REPORT ISSUED TO THE PETITIONER DATED 30.01.2022.

RESPONDENTS EXHIBITS : NIL

TRUE COPY