Kerala High Court
T.A.Ramachandran vs The State Bank Of India 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. 806 OF 2022
PETITIONER :
T.A.RAMACHANDRAN,
AGED 60 YEARS, S/O.T.K.AYYAPPAN (LATE),
ARYA BHAVAN, ARYAD NORTH,
ALAPPUZHA - 688 542
BY ADVS.
R.SURAJ KUMAR
ANJANA R.S.
RESHMA K.RAJU
SUNIL J.CHAKKALACKAL
RESPONDENTS :
1. THE STATE BANK OF INDIA, REPRESENTED BY ITS
CHAIRMAN, CORPORATE CENTRE, STATE BANK BHAVAN,
MADAME CAMA ROAD, NARIMAN POINT,
MUMBAI, MAHARASHTRA, PIN - 400 021
2. THE AUTHORIZED OFFICER,
STATE BANK OF INDIA, RASMEC,
IRON BRIDGE ROAD, ALAPPUZHA - 688 011
BY SRI.JAYESH MOHAN KUMAR, 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. 806 OF 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.806 of 2022
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Dated this the 11th day of January, 2022
JUDGMENT
Petitioners as borrowers from the respondent bank, have
committed default in repayment. Consequently, proceedings have been
initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioners have 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
petitioners committed default in repayment and the overdue amount is
Rs.5,70,000/-. 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 overdue amount in limited
instalments and regularise the loan account.
4. I have heard Sri.R.Suraj Kumar, learned counsel for the
petitioners as well as Sri.Jayesh Mohan Kumar, 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
WP(C) NO. 806 OF 2022
above, I am of the view that the petitioners can be granted an opportunity
to repay the overdue amount in '10' 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.5,70,000/- along
with bank charges from the petitioners and regularise the loan account of
the petitioners on the following conditions :
(i) The overdue amount of Rs.5,70,000/- shall be repaid in
'10' equated monthly instalments.
(ii) The first instalment shall be paid on or before
15.02.2022.
(iii) Petitioners 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 petitioners 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
RKM
WP(C) NO. 806 OF 2022
APPENDIX
PETITIONER'S EXHIBITS :
P1 : COPY OF THE NOTICE DATED 13.10.2021 ISSUED TO THE
PETITIONERS BY THE RESPONDENTS.
P2 : COPY OF THE PAYMENT SLIP DATED 27.12.2021 DRAWN IN FAVOUR
OF THE RESPONDENT BANK.
P3 : POSSESSION NOTICE DATED 05.01.2022 ISSUED TO THE
PETITIONERS BY THE RESPONDENT BANK.
P4: REPRESENTATION DATED 09.01.2022 SENT BY THE 1ST PETITIONER
TO THE RESPONDENTS.
