Varghese P.G vs Authorized Officer
2022 Latest Caselaw 201 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. 8783 OF 2021

PETITIONER:

            VARGHESE P.G
            AGED 60 YEARS, S/O. GEORGE,
            PUTHUVA HOUSE,
            KINDANGOOR, ANGAMALY, PIN-683572.
            BY ADVS.
            SRI.JOBI.A.THAMPI
            SMT.V.R.SALINY
            ADV.BINNY.A.THOMAS


RESPONDENTS:

    1       AUTHORIZED OFFICER
            THE KERALA STATE CO-OPERATIVE BANK LTD.,
            ALUVA MAIN BRANCH, MUNICIPAL BUILDING,
            RAILWAY STATION SQUARE,
            ALUVA, PIN CODE-683101.
    2       THE KERALA STATE CO-OPERATIVE BANK LTD.
            (ERSTWHILE ERNAKULAM DISTRICT CO-OPERATIVE BANK),
            ANGAMALY BRANCH,
            MUNICIPAL BUILDING, PIN CODE-683572,
            REPRESENTED BY IT'S BRANCH MANAGER.
            BY ADV SRI.N.RAGHURAJ



     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.8783/21
                                        -:2:-



                        BECHU KURIAN THOMAS, J.
                        -----------------------------------------
                            W.P.(C) No.8783 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.19,88,896/-. 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.Naveen Thomas, learned counsel for the

petitioner as well as Sri.N.Raghuraj, the learned Standing Counsel for the

respondents.

W.P.(C) No.8783/21

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 ten instalments.

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

accept repayment of the entire outstanding amount of Rs.19,88,896/-

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

(i) The outstanding amount of Rs.19,88,896/- shall be repaid in ten 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 W.P.(C) No.8783/21

APPENDIX OF WP(C) 8783/2021

PETITIONER'S/S' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 29.12.2020 ISSUED BY 2ND RESPONDENT BANK.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 18-09-2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 01/12/2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS