Saleena V.P vs Nilambur Co-Operative Urban Bank ...
2022 Latest Caselaw 1966 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. 5578 OF 2022
PETITIONER:

          SALEENA V.P.
          AGED 39 YEARS
          W/O. MUJEEB RAHMAN VP, VALIYAPEEDIKAKKAL,
          POOKOTTUMPADAM, AMARAMBALAM, POOKOTTUMPADAM, MALAPPURAM
          - 679332

          BY ADV E.C.AHAMED FAZIL


RESPONDENT:

          NILAMBUR CO-OPERATIVE URBAN BANK LTD.
          POOKOTTUMPADOM BRANCH, POOKOTTUMPADAM POST,
          NILAMBUR TALUK, MALAPPURAM DISTRICT - 679332
          REPRESENTED BY ITS AUTHORISED OFFICER

          BY ADV.
          SRI.P.J.DEVAPRASANTH,SC


     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. 5578 OF 2022

                                    2


                 BECHU KURIAN THOMAS, J.
               ===========================
                   W.P.(C) No.5578 of 2022
               ============================
                Dated this the 18th day of February, 2022


                               JUDGMENT

Petitioner had availed a cash credit facility from the

respondent bank. Petitioner committed default in repaying the

amount. 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.20,93,662/- as on 18.02.2022. 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. 5578 OF 2022

the outstanding amount in limited instalments.

4. I have heard Shri.Ahamed Fazil, learned counsel for the

petitioner as well as Shri.Devaprasanth P.J., 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 sixteen

instalments.

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

bank to accept repayment of the entire outstanding amount of

Rs.20,93,662/- along with bank charges from the petitioner on the

following conditions:

i. The outstanding amount of Rs.20,93,662/- shall be repaid in sixteen monthly instalments.

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

WP(C) NO. 5578 OF 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 ssa/ WP(C) NO. 5578 OF 2022

APPENDIX OF WP(C) 5578/2022

PETITIONER EXHIBIT

Exhibit P1 TRUE COPY OF DEMAND NOTICE DATED 20.12.2021 ISSUED BY RESPONDENT BANK TO PETITIONER