Arumughan vs Punjab National Bank
2022 Latest Caselaw 9086 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                        WP(C) NO. 22970 OF 2022
PETITIONER/S:

          ARUMUGHAN.
          AGED 32 YEARS
          S/O. VELAPPAN,
          AANDITHARA, KIZHEKKUMURI,
          PANANGATTIRI P. O.
          PALAKKAD , PIN - 678506
          BY ADV E.V.MOLY


RESPONDENT/S:

          PUNJAB NATIONAL BANK,
          CIRCLE SASTRA ERNAKULAM,
          40/ 1461, 1ST FLOOR, CIRCLE OFFICE,
          PNB HOUSE, MARKET ROAD,
          ERNAKULAM -
          REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 682011
          BY ADV C.Ajith Kumar


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22970 OF 2022                  2



                              JUDGMENT

Petitioner has approached this Court challenging

proceedings initiated by the respondent Bank under the

provisions of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

for recovery of the amounts due from the petitioner.

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.62,297/- (Rupees sixty two thousand

two hundred and ninety seven 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 the learned counsel for the petitioner

as well as the learned counsel for the respondent bank.

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 ten 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.62,297/- (Rupees sixty two thousand two

hundred and ninety seven only) along with bank charges

from the petitioner and regularise the loan account of the

petitioner in the following manner:-

(i) The overdue amount of Rs.62,297/- (Rupees sixty two thousand two hundred and ninety seven only) along with any accrued interest and charges shall be repaid in ten equated monthly instalments;

(ii)The first instalment shall be paid on or before 16.08.2022 and the subsequent instalments shall be paid on or before the 15th day of each succeeding month;

(iii) Petitioner shall continue to pay the regular EMI's/instalments along with the instalments directed above;

(v) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law;

(vi) 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/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 22970/2022

PETITIONER EXHIBITS Exhibit p1 THE TRUE COPY OF THE POSSESSION NOTICE DATED 09-06-2022 .