Kerala High Court
Sathyan B vs The Authorized Officer on 28 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
WP(C) NO. 2962 OF 2022
PETITIONER:
SATHYAN B.
AGED 56 YEARS
S/O.BHASKARAN, "AKHIL BHAVANAM", MUZHANGODY, THODIYOOR
P.O., KARUNGAPPALLY, KOLLAM DISTRICT, PIN - 690 523.
BY ADVS.
M.B.SHYNI
RAJESH KUMAR R.
V.R.ANILKUMAR
ERFANA PARAMBADAN
RAMEES P.K.
PAREETH LUTHUFIN K.B.
RESPONDENTS:
1 THE AUTHORIZED OFFICER
KERALA BANK, THIRUVANANTHAPURAM REGIONAL OFFICE,
P.B.NO.5122, EAST FORT, FORT P.O., THIRUVANANTHAPURAM
DISTRICT, PIN - 695 023.
2 THE KERALA STATE CO-OPERATIVE BANK LTD.
P.B.NO.6515 COBANK TOWERS, PALAYAM, PIN - 695 033
REPRESENTED BY ITS CHIEF GENERAL MANAGER.
3 THE BRANCH MANANGER,
KERALA BANK, KARUNGAPPALLY BRANCH (PREVIOUSLY KOLLAM
DISTRICT CO-OPERATIVE BANK) KARUNGAPPALLY P.O., KOLLAM
DISTRICT, PIN - 690 523.
OTHER PRESENT:
ADV.P.C.SASIDHARAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2962 OF 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No. 2962 of 2022
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Dated this the 28th day of January, 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.9,98,774/-. 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.
WP(C) NO. 2962 OF 2022
4. I have heard Sri.M.B.Shyni, learned counsel for the
petitioner as well as Sri.P.C.Sasidharan, the 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 overdue amount
in '15' 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.9,98,774/- 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.9,98,774/- shall be
repaid in '15' equated monthly instalments.
(ii) The first instalment shall be paid on or before
28/02/2022.
WP(C) NO. 2962 OF 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 shall
be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(C) NO. 2962 OF 2022
APPENDIX OF WP(C) 2962/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE LOAN REPAYMENT
STATEMENT FROM 31/7/18 TO 26/8/19.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 19/01/2022
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
Exhibit P3 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 20/01/2022.
RESPONDENT'S EXHIBITS : NIL
AJM //TRUE COPY// PA TO JUDGE
