Sunilkumar vs Union Bank Of India
2022 Latest Caselaw 943 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                         WP(C) NO. 2593 OF 2022
PETITIONERS :

    1       SUNILKUMAR P.B.,
            AGED 52 YEARS,
            S/O. BHASKARAN, GOKULAM, ERAMALLOOR P. O.,
            CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688537.

    2       SHEEJA SUNIL,
            AGED 44 YEARS,
            W/O. SUNILKUMAR P. B., GOKULAM, ERAMALLOOR P. O.,
            CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688537.

            BY ADV V.K.SIDHIQUE



RESPONDENT :

            UNION BANK OF INDIA,
            AROOR BRANCH, KUMARATHYPADY DEVASWOM BUILDING,
            CHANDIROOR P. O., AROOR, ALAPPUZHA DISTRICT,
            PIN - 688 547, REPRESENTED BY ITS BRANCH MANAGER.

            BY ADV.A.S.P.KURUP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2593 OF 2022
                                      2

                    BECHU KURIAN THOMAS, J.
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                     W.P.(C) No.2593 of 2022
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              Dated this the 25th 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.18,50,000/-. 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.V.K.Sidhik, learned counsel for the

petitioners as well as Sri.A.S.P.Kurup, the learned Standing Counsel for the

respondent.

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 petitioners can be granted an opportunity WP(C) NO. 2593 OF 2022

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.18,50,000/- 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.18,50,000/- shall be repaid in '10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 25.02.2022.

(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. 2593 OF 2022

APPENDIX OF WP(C) 2593/2022

PETITIONERS' EXHIBITS :

Exhibit P1 A TRUE COPY OF NOTICE DATED 13.01.2022 ISSUED TO THE 1ST PETITIONER BY THE ADVOCATE COMMISSIONER IN M.C.326/2021 ON THE FILE OF CJM COURT, ALAPPUZHA.

Exhibit P2 A TRUE PHOTOCOPY OF THE SUMMONS DATED 16.12.2020 ISSUED TO THE 1ST PETITIONER FROM THE DEBT RECOVERY TRIBUNAL II, ERNAKULAM.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 21.01.2022 SUBMITTED BY THE PETITIONER.