Aravinda Kottakunnumal vs Joja P
2022 Latest Caselaw 1205 Ker

              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. 2871 OF 2022
PETITIONER:

          ARAVINDA KOTTAKUNNUMAL
          AGED 49 YEARS
          SAI VIHAR, KAITHERI P.O., NIRMALAGIRI, KUTHUPARAMBA,
          KANNUR DISTRICT PIN-670 701, PIN - 670701
          BY ADVS.
          ABRAHAM SAMSON
          LOVELY SAMSON


RESPONDENT:

          JOJA P,
          AUTHORIZED OFFICER, THE KANNUR DISTRICT CO-OP. BANK
          LTD, (KERALA BANK) KUTHUPARAMBA, KANNUR, KERALA ,PIN-
          670 643., PIN - 670643
OTHER PRESENT:

          ADV.M.SASINDRAN-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. 2871 OF 2022
                               -:2:-


               BECHU KURIAN THOMAS, J.
          -----------------------------------------
                W.P.(C) No. 2871 of 2022
           ----------------------------------------
          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.23,16,906/-. 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 WP(C) NO. 2871 OF 2022

overdue amount in limited instalments and regularise the

loan account.

4. I have heard Sri.Abraham Samson, learned

counsel for the petitioner as well as Sri.M.Sasindran, the

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 '14' 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.23,16,906/- along with bank

charges from the petitioner and regularise the loan

account of the petitioner on the following conditions: WP(C) NO. 2871 OF 2022

(i) The overdue amount of Rs.23,16,906/- shall be repaid in '14' equated monthly instalments.

(ii) The first instalment shall be paid on or before 28/02/2022.

(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. 2871 OF 2022

APPENDIX OF WP(C) 2871/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE ADVOCATE COMMISSIONERS NOTICE DATED 28.12.2021

RESPONDENT'S EXHIBITS : NIL

AJM //TRUE COPY// PA TO JUDGE