Kerala High Court
Aiswarya Fashion Jewellery vs M/S. Hdb Financial Services Ltd on 13 January, 2022
WP(C) NO. 1198 OF 2022
1
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. 1198 OF 2022
PETITIONER/S:
AISWARYA FASHION JEWELLERY,
GROUND FLOOR, KP 1-358.359, KALLIKKADU, TRIVANDRUM 695 572.
REPRESENTED BY ITS PROPRIETOR MR. SANTHOSH.A., AISWARYA
KALLIKKADU, MYLAKKARA P.O., KALLIKKADU, TRIVANDRUM 695 572.
BY ADVS.
T.G.SUNIL (PERUMBAVOOR)
ANTONY SHYJU
RESPONDENT/S:
1 M/S. HDB FINANCIAL SERVICES LTD.,
2ND FLOOR, PROCESS HOUSE, KAMALA MILLS, SENAPATHI BAPAT
MARG, LOWER PAREL, MUMBAI AND BRANCH OFFICE AT SPRINGS
400034.
2 AUTHORISED OFFICER,
HDB FINANCIAL SERVICES LTD, SPRINGS IST FLOOR, NEAR
RELIANCE FRESH, EDAPPAZHINJI, THYCAUD P.O. TRIVANDRUM 695
014.
OTHER PRESENT:
ADV.PRATHEESH CHACKO-R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1198 OF 2022
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BECHU KURIAN THOMAS, J.
========================
W.P.(C)No.1198 of 2022
------------------------------------------------
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 the 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.19,37,954/-. 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.T.G.Sunil, the learned counsel for the
petitioner as well as Sri.Pradeesh Chacko, learned 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 '10' instalments and
WP(C) NO. 1198 OF 2022
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.19,37,954/- along with bank charges from the petitioner and to
regularise the loan account of the petitioner on the following
conditions:
(i). The overdue amount of Rs.19,37,954/- shall be repaid in '10'
equated monthly instalments.
(ii). The first instalment shall be paid on or before 15.02.2022.
(iii). Petitioner 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 petitioner to repay the entire amounts,
all coercive proceedings against the petitioner shall be kept in
abeyance.
The writ petition is disposed of as above.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 1198 OF 2022
APPENDIX OF WP(C) 1198/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE BANK NOTICE ON 25.06.2021.
Exhibit P2 COPY OF THE MC NO. 595/201 OF CJM COURT,
TRIVANDRUM.
Exhibit P3 COPY OF NOTICE ISSUED BY THE ADVOCATE
COMMISSIONER.
