Yasmin Hassankunju vs The Authorised Officer
2022 Latest Caselaw 1935 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. 5543 OF 2022
PETITIONER:

          YASMIN HASSANKUNJU
          AGED 68 YEARS
          W/O.LATE HASSANKUNJU ARAYAKALAYIL HOUSE, MAVANCHODE,
          MARADY, MUVATTUPUZHA, ERNAKULAM 686 673

          BY ADVS.
          K.N.ABHILASH
          SUNIL NAIR PALAKKAT
          M.A.AHAMMAD SAHEER
          P.B.MUHAMMED AJEESH
          RITHIK S.ANAND


RESPONDENTS:

    1     THE AUTHORISED OFFICER
          AXIS BANK LTD, 5TH FLOOR, RAC, CHICAGO PLAZA, RAJAJI
          ROAD, KOCHI 682 035

    2     THE BRANCH MANAGER
          AXIS BANK, 5TH FLOOR, RAC, CHICAGO PLAZA, RAJAJI ROAD,
          KOCHI 682 035

          BY ADV. SAJU N.A.
     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. 5543 OF 2022
                                     2


                   BECHU KURIAN THOMAS, J.
                 ===========================
                     W.P.(C) No.5543 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.69,15,853/-. 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 WP(C) NO. 5543 OF 2022

the outstanding amount in limited instalments.

4. I have heard Shri.Abhilash K.N., learned counsel for the

petitioner as well as Shri.Saju N.A., 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 eighteen

instalments.

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

bank to accept repayment of the entire outstanding amount of

Rs.69,15,853/- along with bank charges from the petitioner on the

following conditions:

(i) The outstanding amount of Rs.69,15,853/- shall be repaid in eighteen 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 WP(C) NO. 5543 OF 2022

with law.

(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. 5543 OF 2022

APPENDIX OF WP(C) 5543/2022

PETITIONER EXHIBIT

Exhibit P1 TRUE COPY OF THE NOTICE DATED 03-02-2022 ISSUED BY THE ADVOCATE COMMISSIONER IN MC NO. 80/2020 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (MP/MLA'S) ERNAKULAM