Naseema Rissar vs The Branch Manager
2022 Latest Caselaw 366 Ker

                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. 1124 OF 2022
PETITIONER :

          NASEEMA RISSAR,
          AGED 42 YEARS,
          W/O.RISSAR C.S., CHAKKUNGAL HOUSE,
          MARKET P.O., AKBER ROAD, MUVATTUPUZHA,
          ERNAKULAM DISTRICT.

          BY ADVS.
          C.A.NAVAS
          T.K.SASIKUMAR
          PRAISHEEL PRAKASAM
          P.A.SHAJI SAMAD



RESPONDENTS :

    1     THE BRANCH MANAGER,
          THE MUVATTUPUZHA URBAN CO-OPERATIVE BANK LIMITED,
          KAVUMKARA BRANCH, MUVATTUPUZHA P.O.,
          ERNAKULAM DISTRICT, PIN - 686 661.

    2     THE AUTHORISED RECOVERY OFFICER,
          HEAD OFFICE, THE MUVATTUPUZHA URBAN CO-OPERATIVE BANK
          LIMITED, KACHERIPADY, MUVATTUPUZHA P.O.,
          ERNAKULAM DISTRICT, PIN - 686 681.

          ADV.SAJEEV KUMAR K.GOPAL, SC




     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. 1124 OF 2022
                                        2


                       BECHU KURIAN THOMAS, J.
                     =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        W.P.(C) No.1124 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 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.2,90,429/-. 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.C.A.Navas, learned counsel for the

petitioner as well as Sri.Sajeev Kumar K.Gopal, 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 WP(C) NO. 1124 OF 2022

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.

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

to accept repayment of the entire overdue amount of Rs.2,90,429/- 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.2,90,429/- 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 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 shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 1124 OF 2022

APPENDIX OF WP(C) 1124/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE PHYSICAL POSSESSION NOTICE DATED 30/12/2021 ISSUED BY THE ADVOCATE COMMISSIONER.