Ansar Kabeer vs The Authorised Officer/Manager
2022 Latest Caselaw 6155 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 15743 OF 2022
PETITIONER/S:

          ANSAR KABEER,
          AGED 45 YEARS
          S/O. KABEER, SABEENA MANZIL, MULLASERRI, MANGALAPURAM,
          TRIVANDRUM 695 317.
          BY ADV M.R.SARIN


RESPONDENT/S:

          THE AUTHORISED OFFICER/MANAGER,
          AXIS BANK LIMITED, 2ND FLOOR, NIHAL COMPLEX, KARAMA,
          TRIVANDRUM 695 002.
          BY ADV MADHU RADHAKRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15743 OF 2022                        2



                                      JUDGMENT

This Court through interim order dated 20.05.2022 in the

above writ petition directed as follows:-

''Sri.Madhu Radhakrishnan, the learned counsel for the respondent submitted that, though the total liability of the petitioner was Rs.56,46,443/-, the Bank had agreed to settle the entire liability at Rs.32,25,000/- provided petitioner abided with the condition for repayment of the said amount in three instalments commencing from 30.04.2022. It is also pointed out that, though petitioner was bound to pay an amount of Rs.12,75,000/- on 30.04.2022, there was default in the said payment resulting in the cancellation of the settlement. However, it was pointed out on behalf of the respondent that the Bank is willing to show indulgence again and accept repayment of the loan for the amount already agreed, provided petitioner pays an amount of Rs.14,00,000/- [Rupees Fourteen lakhs only] by 30.05.2022. It was submitted that if the said amount is paid as stipulated above, the balance amount of Rs.18,25,000/- can be re- paid by 30.06.2022. Petitioner agrees to pay the amount as per the time lines suggested.

Post on 01.06.2022 to verify whether the petitioner abides by the condition of payment of Rs.14,00,000/- by 30.05.2022.''

2. Learned counsel appearing for the petitioner

submits that the petitioner has complied with the interim order

and an amount of Rs.14 lakhs has been paid to the respondent

bank. It is submitted that the petitioner is also willing to pay

the balance amount of Rs.18,25,000/- (Rupees eighteen lakhs

and twenty five thousand only) by 30.06.2022.

3. Learned counsel appearing for the respondent bank

submits that if the amount is paid as above by 30.06.2022, the

recovery proceedings can be kept in abeyance.

Therefore, the writ petition will stand disposed of,

directing that If the petitioner pays an amount of

Rs.18,25,000/ along with any accrued interest and charges on

or before 30.06.2022, the recovery proceedings initiated

against the petitioner shall be kept in abeyance and will not be

proceeded with.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 15743/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.

5337/2020 OF THIS HON'BLE HIGHCOURT. Exhibit P2 THE TRUE COPY OF SETTLEMENT LETTER ISSUED BY RESPONDENT TO THE PETITIONER ON 29.04.2022. Exhibit P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 30.04.2022.