Ravi Chandran A vs The Authorised Officer
2022 Latest Caselaw 1946 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. 5501 OF 2022


PETITIONER:

          RAVI CHANDRAN A
          AGED 56 YEARS
          S/O. AYYANTHURAI NADAR,
          RESIDING AT JYOTHI BHAVAN,
          KSEB NAGAR 11, VALLIKEEZHU,
          KAVANAD P.O., KOLLAM DISTRICT,
          PIN-691 003

          BY ADVS.
          B.S.SIVAJI
          DHANYA SREENIVASAN



RESPONDENTS:

    1     THE AUTHORISED OFFICER
          THE QUILON CO-OPERATIVE URBAN BANK LTD NO.Q-960,
          HEAD OFFICE, Y.M.C.A. ROAD, KOLLAM DISTRICT,
          PIN-691 001

    2     THE QUILON CO-OPERATIVE URBAN BANK LTD.,
          MULAMKADAKOM BRANCH, NELLIMUKKU,
          KOLLAM DISTRICT,PIN-691 003,
          REPRESENTED BY ITS BRANCH MANAGER

          BY ADV.D.P. RENU-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. 5501 OF 2022
                                   -:2:-

                   BECHU KURIAN THOMAS, J.
                   -----------------------------------------
                      W.P.(C) No. 5501 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 total outstanding amount in

instalments.

3. It was submitted on behalf of the respondent bank that the

petitioner committed default in repayment and the total outstanding

amount is Rs.46,35,548/-. 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

total outstanding amount in limited instalments.

4. I have heard Adv. Sivaji B.S, the learned counsel for the

petitioner as well as Adv. D.P. Renu, the learned standing counsel

for the respondents.

5. Having regard to the circumstances of the case and the WP(C) NO. 5501 OF 2022

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 total outstanding amount in '15'

instalments.

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

to accept repayment of the entire total outstanding amount of

Rs.46,35,548/- along with bank charges from the petitioner on the

following conditions:

(i) The total outstanding amount of Rs.46,35,548/- shall be repaid in '15' 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.

(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 AJM WP(C) NO. 5501 OF 2022

APPENDIX OF WP(C) 5501/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 03.08.2019 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE NOTICE 12.01.2022 ISSUED BY THE ADVOCATE COMMISSIONER

Exhibit P3 TRUE COPY OF THE STATEMENT OF ACCOUNTS DATED 14.02.2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE REQUEST DATED NIL SUBMITTED TO THE 2ND RESPONDENT

PETITIONER'S EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE