Kerala High Court
Gireeshan Thamburankandy vs The Authorised Recovery Officer on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
WP(C) NO. 27466 OF 2021
PETITIONER/S:
GIREESHAN THAMBURANKANDY
AGED 55 YEARS
S/O LATE MUKUNDAN, KEECHIPPURATH HOUSE, NEAR
KUNNAV L.P SCHOOL, CHIRAKKAL P.O.PIN-670 011,
KANNUR DISTRICT
BY ADV K.S.AJAYAGHOSH
RESPONDENT/S:
1 THE AUTHORISED RECOVERY OFFICER
THE KANNUR CO-OPERATIVE URBAN BANK LIMITED, HEAD
OFFICE, THAVAKKARA, KANNUR-670 002
2 THE BRANCH MANAGER,
THE KANNUR CO-OPERATIVE URBAN BANK LIMITED, CITY
BRANCH, KANNUR-670 002
BY ADVS.
G.S.KRISHNAN KARTHA
LIJIN THAMBAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC No.27466/2021
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BECHU KURIAN THOMAS, J.
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WP.(C) No. 27466 of 2021
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Dated this the 13th 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 overdue 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 overdue amount is
Rs.12,41,749/- (Rupees twelve lakh forty one
WPC No.27466/2021
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thousand seven hundred and forty nine only).
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 Adv.K.S.Ajayagosh, learned
counsel for the petitioner as well as
Adv.Lijin Thamban, 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 overdue amount in
12 instalments and thereafter, if the amount
so directed is repaid within the time as
directed above, to have the loan account
regularised.
WPC No.27466/2021
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6. Accordingly, there will be a direction to the
respondent bank to accept repayment of the
entire overdue amount of Rs.12,41,749/-
(Rupees twelve lakh forty one thousand seven
hundred and forty nine only) along with bank
charges from the petitioner and regularise the
loan account of the petitioner on the
following conditions:
(i) The overdue amount of Rs.12,41,749/-
(Rupees twelve lakh forty one thousand
seven hundred and forty nine only) shall be
repaid in 12 equated monthly instalments.
(ii) The first instalment shall be paid on
or before 15.02.2022.
(iii) Petitioner shall continue to pay the
regular EMIs 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.
WPC No.27466/2021
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(v) 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/13.01.2022
WPC No.27466/2021
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APPENDIX OF WP(C) 27466/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CMP NO 1003 OF 2021
DATED 4.3.2021 PREFERRED BY THE 1ST
RESPONDENT BEFORE THE CHIEF JUDICIAL
MAGISTRATE COURT, THALASSERY
Exhibit P2 A TRUE COPY OF THE ORDER IN CMP 1003
OF 2021 DATED 19.3.2021 BY THE CHIEF
JUDICIAL MAGISTRATE COURT, THALASSERY
