Kishor Lal K.S vs The Branch Manager, Sbi
2022 Latest Caselaw 172 Ker

           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. 27845 OF 2021

PETITIONER:

          KISHOR LAL K.S.
          AGED 44 YEARS, S/O. SUKUMARAN K.K,
          KARUTHEDATH HOUSE,
          V R PURAM P.O, THRISSUR 680 722
          BY ADVS.
          PRAVEEN K. JOY
          E.S.SANEEJ
          M.P.UNNIKRISHNAN
          M.K.SAMYUKTHA
          N.ABHILASH
          DEEPU RAJAGOPAL
          SANDRA S.KUMAR


RESPONDENTS:

    1     THE BRANCH MANAGER,
          STATE BANK OF INDIA,
          RASMEC IRINJALAKUDA, FIRST FLOOR,
          GOVINDA MENON SMARAKA BUILDING,
          NADA, IRINJALAKUDA P.O,
          THRISSUR 680 121
    2     THE AUTHORIZED OFFICER
          STATE BANK OF INDIA,
          RASMEC IRINJAKUDA, FIRST FLOOR,
          GOVINDA MENON SMARAKA BUILDING,
          NADA, IRINJALAKUDA P.O,
          THRISSUR 680 121
          BY ADVS.
          K.K.CHANDRAN PILLAI (SR.)
          S.AMBILY


     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 11.01.2022,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.27845/21                  -:2:-




                      BECHU KURIAN THOMAS, J.
                        ------------------------------------
                        W.P.(C) No.27845 of 2021
                       --------------------------------------
                  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 hearing, petitioner has confined the relief to

an opportunity for repaying the outstanding 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 outstanding amount is

Rs.40,43,423/-. 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 outstanding amount in limited

instalments.

4. I have heard Sri.Praveen K.Joy, learned counsel for the petitioner

as well as Smt.S.Ambily, 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

outstanding amount in eighteen instalments.

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

accept repayment of the entire outstanding amount of Rs.40,43,423/-

along with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.40,43,423/- shall be repaid in eighteen 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 vps

APPENDIX OF WP(C) 27845/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MEDICAL REPORT DATED 23-05-2018 OF LISSIE MEDICAL INSTITUTION, ERNAKULAM Exhibit P2 THE TRUE COPY OF THE ANGIOGRAM REPORT Exhibit P3 THE TRUE COPY OF THE 13(2) NOTICE ISSUED BY THE 2ND RESPONDENT DATED 03-04-2021 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENTS DATED 29-11-2021