Rajeena Anil vs The Regional Manager, Federal ...
2022 Latest Caselaw 186 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 11TH DAY OF JANUARY 2022/21ST POUSHA, 1943
                     WP(C) NO. 30299 OF 2021


PETITIONERS:

 1          RAJEENA ANIL, AGED 38 YEARS,
            W/O.ANIL KUMAR, RAJEEV BHAVAN,
            NEDUVATHUR, ANAKOTTOOR (P.O.),
            KOTTARAKKARA TALUK,
            KOLLAM DISTRICT PIN 691 505.

 2          R.PRABHAKARAN PILLAI,
            RAJEEV BAHAVAN, ANAKOTTOOR P.O.,
            KOTTARAKKARA TALUK,
            KOLLAM DISTRICT PIN 691 505.

           BY ADVS.
           K.V.ANIL KUMAR
           SWAPNA VIJAYAN


RESPONDENTS:

 1          THE REGIONAL MANAGER,
            FEDERAL BANK REGIONAL OFFICE,
            KURUMPELIL AVENUE, POLAYATHODE P.O.,
            KOLLAM PIN 691 021.

 2          THE BRANCH MANAGER,
            FEDERAL BANK LTD.,
            GANAPATHIKOVIL BRANCH,
            KOTTARAKKARA P.O.,
            KOLLAM DISTRICT PIN 691 506.

            BY SRI.PAULOCHAN ANTONY, SC

     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.30299/2021

                               2




                           JUDGMENT

Dated this the 11th day of January, 2022

The petitioners, who have availed two loans from the

2nd respondent-Bank, have approached this Court seeking

to direct the respondents not to initiate any further

proceedings in the petitioners' property, with respect to the

two loans availed from the 2nd respondent-Bank, and to

permit them to repay the overdue amount in instalments

and regularise the loan.

2. The petitioners have been issued with Ext.P1

registered notice calling upon the petitioners to pay the

balance due with interest and notice charges, within ten

days from the date of receipt of the notice. If the petitioners

fail to comply with the demand within the stipulated time,

without any further reference, legal action will be initiated WP(C)No.30299/2021

against the petitioners for realisation of the total balance

due.

3. The learned counsel for the petitioners submits

that due to COVID-19 pandemic and the loss of job of the

1st petitioner's husband, remittances could not be made

promptly and if the petitioners are granted time to pay the

outstanding amounts in instalments, the petitioners will be

able to clear the outstanding dues.

4. The learned Standing Counsel for the

respondents submits that Ext.P1 is only a legal notice

issued to the petitioners and if the petitioners make

appropriate application/representation requesting to permit

them to pay in convenient instalments, the respondents will

consider the same in accordance with the rules and

regulations of the Bank. Therefore, no other orders are

required in this writ petition.

WP(C)No.30299/2021

5. I have heard the learned counsel for the

petitioners and the learned Standing Counsel representing

the respondents.

6. In view of the submission made on behalf of the

respondents this Court is of the view that the petitioners can

place their request before the 2nd respondent. If the

petitioners submit such a request within a period of one

week, the 2nd respondent will take a decision thereon as

expeditiously as possible.

The writ petition is disposed of with the above

direction.

Sd/-

N. NAGARESH JUDGE ncd/11.01.2022 WP(C)No.30299/2021

APPENDIX OF WP(C) 30299/2021

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE ADVOCATE NOTICE DATED 20.10.2021 ISSUED BY THE 2ND RESPONDENT BANK EXHIBIT-P2 A TRUE COPY OF THE PETITIONERS REQUEST DATED 19.07.2021 BEFORE THE 1ST RESPONDENT BANK.