Kerala High Court
Mohammed Abdul Majeed vs Kerala State Co-Operative Bank ... 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. 5576 OF 2022
PETITIONER:
MOHAMMED ABDUL MAJEED
AGED 50 YEARS
S/O. MOHAMMED SALIH, 'FATHIMAS', PACHAKAD, ANAGOOR,
KASARAGOD - 671 121.
BY ADV K.I.SAGEER
RESPONDENT:
KERALA STATE CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS AUTHORISED OFFICER/AREA MANAGER,
NEAR MUNICIPAL BUS STAND, KASARAGOD - 671 121.
BY ADV M.SASINDRAN, STANDING COUNSEL
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. 5576 OF 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No. 5576 of 2022
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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 overdue amount in
instalments and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent bank that
the petitioner committed default in repayment and the overdue
amount is Rs.31,33,853/-. 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.
WP(C) NO. 5576 OF 2022
4. I have heard Sri. K.I. Sageer Ibrahim, the learned
counsel for the petitioner as well as Sri. M.Sarindran, the
learned standing counsel for the respondent.
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 overdue amount in '18'
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.31,33,853/- along with bank charges from the petitioner and
regularise the loan account of the petitioner on the following
conditions:
(i) The overdue amount of Rs.31,33,853/- shall be
repaid in '18' equated monthly instalments.
(ii) The first instalment shall be paid on or before
18.03.2022.
WP(C) NO. 5576 OF 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 shall be
kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(C) NO. 5576 OF 2022
APPENDIX OF WP(C) 5576/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE STATEMENT OF
ACCOUNT FOR THE PERIOD 22.12.2015 TO
03.02.2022 ISSUED BY THE BANK TO THE
PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED BY
ADV. GIREESHKUMAR TO THE PETITIONER
DATED 05.02.2022.
PETITIONER'S EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
