Kerala High Court
Ajith Kumar T.J vs Union Bank Of India on 18 February, 2022
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. 5549 OF 2022
PETITIONER:
AJITH KUMAR T.J
AGED 52 YEARS
S/O JANARDHANAN, RESIDING AT THANNI NILKKUNATHIL HOUSE,
MALAYALAPUZHA THAZHAM.P.O,
KONNI TALUK, PATHANAMTHITTA DISTRICT,PIN-689666.
BY ADV V.SETHUNATH
RESPONDENTS:
1 THE UNION BANK OF INDIA
PATHANAMTHITTA BRANCH,
TRINITY COMPLEX, T.K.ROAD,
PATHANAMTHITTA.P.O,
PIN-689645, REPRESENTED BY CHIEF MANAGER.
2 THE AUTHORISED OFFICER & CHIEF MANAGER,
UNION BANK OF INDIA, PATHANAMTHITTA BRANCH, TRINITY
COMPLEX, T.K.ROAD,
PATHANAMTHITTA.P.O, PIN-689645.
BY ADV.A.S.P.KURUP
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. 5549 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.5549 of 2022
============================
Dated this the 18th 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 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.14,69,000/-. 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.
WP(C) NO. 5549 OF 2022
4. I have heard Shri.V.Sethunath, learned counsel for the
petitioner as well as Shri.A.S.P.Kurup, 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 outstanding amount in twelve
instalments.
6. Accordingly, there will be a direction to the respondent
bank to accept repayment of the entire outstanding amount of
Rs.14,69,000/- along with bank charges from the petitioner on the
following conditions:
(i) The outstanding amount of Rs.14,69,000/- shall be repaid
in twelve equated monthly instalments.
(ii) The first instalment shall be paid on or before 15.03.2022.
(iii) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in accordance
with law.
WP(C) NO. 5549 OF 2022
(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
ssa/
WP(C) NO. 5549 OF 2022
APPENDIX OF WP(C) 5549/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS
A/C NO.120613100000070 FOR THE PERIOD OF 1-1-
2020 BETWEEN -01-01-2022
Exhibit P2 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS IN
TERM LOAN A/AC NO.120630100016682 FOR THE
PERIOD OF 1-1-2020 BETWEEN 01-01-2021
Exhibit P3 THE TRUE COPY OF THE ORDER OF THE CHIEF
JUDICIAL MAGISTRATE COURT, PATHANMTHITTA IN
MC NO.165/2021 DATED 29-11-2021.
Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 19-1-2021.
