N.M. Shamsudheen vs The Kerala State Cooperative Bank ...
2022 Latest Caselaw 2188 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                       WP(C) NO. 6116 OF 2022
PETITIONER:

          N.M. SHAMSUDHEEN
          AGED 41 YEARS
          SON OF MUHAMMED,
          NAREEKKAMATTAM HOUSE, NELLIKUZHY P.O,
          NELLIKUZHY, KOTHAMANGALAM, PIN - 686691
          BY ADVS.
          PEEYUS A.KOTTAM
          JOMON J. MALIEKAL
          ARJUN S BENEDICT
          JOSEPH P P


RESPONDENT:

          THE KERALA STATE COOPERATIVE BANK LTD
          NELLIKUZHY BRANCH,
          REPRESENTED BY ITS MANAGER
          NELLIKUZHY P.O,
          KOTHAMANGALAM, PIN - 686691



          ADV.N.RAGHURAJ-SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6116 OF 2021
                                          2



                     BECHU KURIAN THOMAS, J
                   ..............................................
                       W.P.(C) No.6116 of 2022
                      .....................................
               Dated this the 24 th 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 the 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 petitioner committed default in repayment and

the overdue amount is Rs.9,25,000/-. 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. 6116 OF 2021

the overdue amount in limited instalments and

regularise the loan account.

4. I have heard Sri.Peeyus A.Kottam, the learned

counsel for the petitioner as well as Sri.N.Raghuraj,

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 '12'

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.9,25,000/- along with bank

charges from the petitioner and to regularise the

loan account of the petitioner on the following WP(C) NO. 6116 OF 2021

conditions:

(i). The overdue amount of Rs.9,25,000/- shall be repaid

in '12' equated monthly instalments.

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

24.03.2022.

(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 accordance

with law.

(v) In order to enable the petitioner to repay the entire

amounts, all coercive proceedings initiated against the

petitioner shall be kept in abeyance.

The writ petition is disposed of.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/25/02//2022 WP(C) NO. 6116 OF 2021

APPENDIX OF WP(C) 6116/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT BANK TO THE PETITIONER DATED 23.09.2021 Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 31.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT BANK

RESPONDENTS EXHIBITS : NIL

TRUE COPY