Kerala High Court
Rajesh K vs The Kerala Gramin Bank on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
WP(C) NO. 29795 OF 2021
PETITIONER/S:
RAJESH K., AGED 51 YEARS
KADAVATH HOUSE, CHELANNUR P.O., BALUSSERY,
KOZHIKODE-673616
BY ADV C.BHASKARAN
RESPONDENT/S:
1 THE KERALA GRAMIN BANK
BALUSSERY BRANCH, KOZHIKODE-673 612, REPRESENTED
BY ITS BRANCH MANAGER
2 AUTHORIZED OFFICER,
THE KERALA GRAMIN BANK, HEAD OFFICE, MALAPPURAM,
KGB TOWERS, A.K.ROAD, MALAPPURAM-679 325.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 29795 OF 2021
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BECHU KURIAN THOMAS, J.
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WP.(C) No. 29795 of 2021
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Dated this the 11th 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 the 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.25,96,138/- (Rupees twenty five lakh ninety
six thousand one hundred and thirty eight
only). It was further submitted that though
proceedings for recovery have been initiated,
WP(C) NO. 29795 OF 2021
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as a matter of indulgence, the respondent Bank
is willing to accept repayment of the
outstanding amount in limited instalments.
4. I have heard Adv.C.Bhaskaran, the learned
counsel for the petitioner as well as
Adv.M.Gopikrishnan Nambiar, the learned
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 outstanding amount
in 20 instalments.
6. Accordingly, there will be a direction to the
respondent Bank to accept repayment of the
entire outstanding amount of Rs.25,96,138/-
(Rupees twenty five lakh ninety six thousand
one hundred and thirty eight only) along with
bank charges from the petitioner on the
following conditions:
WP(C) NO. 29795 OF 2021
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(i) The outstanding amount of
Rs.25,96,138/- (Rupees twenty five lakh
ninety six thousand one hundred and thirty
eight only) shall be repaid in 20 equated
monthly instalments.
(ii) The first instalment shall be paid on
or before 15.02.2022.
(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
bka/-
WP(C) NO. 29795 OF 2021
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APPENDIX OF WP(C) 29795/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
14.11.2018 IN WPC NO 3455/2018 OF THIS
HON'BLE COURT
Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED
4.10.20218 ISSUED BY THE VILLAGE
OFFICER, CHELANNUR
Exhibit P3 TRUE COPY OF THE ORDER DATED 4.9.2019
IN IA NO 1/2019 IN WPC NO 34558/2018
OF THIS HON'BLE COURT
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
10.11.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
