Aneesh Kumar vs Authorised Officer
2022 Latest Caselaw 1954 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. 5498 OF 2022


PETITIONER:

          ANEESH KUMAR
          AGED 46 YEARS
          S/O.DEVAKI, THATTUM PURAYIL,
          NANMINDA POST,
          NANMINDA (VIA) KOZHIKODE DISTRICT,
          PIN-673 613

          BY ADVS.
          P.V.ANOOP
          PHIJO PRADEESH PHILIP
          M.P.PRIYESHKUMAR
          K.V.SREERAJ



RESPONDENTS:

    1     AUTHORISED OFFICER
          KERALA STATE CO-OPERATIVE BANK LTD,
          CHALAPPURAM (P.O), KALLAI ROAD,
          KOZHIKODE DISTRICT, PIN-673 002

    2     BRANCH MANAGER,
          KERALA STATE CO-OPERATIVE BANK LTD,
          BALUSSERY BRANCH, KAIRALI ROAD,
          BALUSSERY (PO), KOZHIKODE DISTRICT,
          PIN-673 612

          BY ADV SRI.P.C.SASIDHARAN, SC, KOZHIKODE DISTRICT CO-
          OPERATIVE BANK




     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. 5498 OF 2022
                                   2

                 BECHU KURIAN THOMAS, J.
                 -----------------------------------------
                    W.P.(C) No. 5498 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 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.2,34,194/-. 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.

4. I have heard Sri. Anoop P.V, the learned counsel for the

petitioner as well as Sri. P.C.Sasidharan, the learned standing

counsel for the respondents.

WP(C) NO. 5498 OF 2022

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 '10'

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.2,34,194/- 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.2,34,194/- shall be repaid in '10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 15.03.2022.

(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 WP(C) NO. 5498 OF 2022

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. 5498 OF 2022

APPENDIX OF WP(C) 5498/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9.02.2022 ISSUED BY THE 1ST RESPONDENT

PETITIONER EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE