Shameem Shukoor vs Axis Bank Ltd
2022 Latest Caselaw 6657 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                     WP(C) NO. 18640 OF 2022
PETITIONER/S:

          SHAMEEM SHUKOOR
          AGED 59 YEARS
          WIFE OF ABDUL SHUKOOR,
          MOHAMMED MANZIL, 8/48, BRIDGE ROAD,
          ALUVA, ERNAKULAM, PIN - 683101

          BY ADVS.
          S.RENJITH
          P.K.SREEVALSAKRISHNAN
          K.R.PRATHISH



RESPONDENT/S:

          AXIS BANK LTD.
          KOCHI RAC BRANCH, 5TH FLOOR, CHICAGO PLAZA, RAJAJI
          ROAD, ERNAKULAM,
          REP BY ITS MANAGER/AUTHORISED OFFICER, PIN - 682035

          BY ADV P.PAULOCHAN ANTONY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 V.G.ARUN, J.
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                       W.P(C).No. 18640 of 2022
                 -----------------------------------------------
                Dated this the 9th day of June, 2022

                                JUDGMENT

Petitioner availed a loan from the respondent Bank and

committed default in repayment. The Bank offered an opportunity to

settle the loan under the One Time Settlement Scheme. Under the

OTS Scheme, the petitioner had to remit the entire arrears in three

instalments. According to the petitioner, she remitted two of the

instalments within time and due to reasons beyond her control, failed

to remit the third instalment. As a result, the OTS Scheme facility was

withdrawn by the Bank.

2. Learned Counsel for the petitioner submits that, even though

the petitioner attempted to pay the amount, the Bank is not accepting

the payment.

3. Learned Counsel for the respondent Bank submitted that

under the ITS Scheme, the borrower is bound to remit the entire

amount within the stipulated time limit. It is submitted that even

though the writ petition is not maintainable, if the petitioner submits a

proper proposal, the same will be considered and appropriate decision

taken by the Bank.

In the result, the writ petition is closed, leaving it open for the

petitioner to approach the Bank seeking appropriate relief.

Sd/-

V.G.ARUN, JUDGE vgs APPENDIX OF WP(C) 18640/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BANK STATEMENT OF THE LOAN ACCOUNT NUMBER LPR008101263343 AS ON 10.05.2022

Exhibit P2 TRUE COPY OF THE ONE TIME SETTLEMENT SCHEME PROPOSED BY THE RESPONDENT BANK DATED 27- 01-2022

Exhibit P3 TRUE COPY OF THE EMAIL ISSUED BY THE PETITIONER'S SON TO BANK DATED 27.04.2022

Exhibit P4 TRUE COPY OF THE PAYMENT RECEIPTS

Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER'S SON DATED 12.05.2022

Exhibit P6 TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE MANAGER TO THE PETITIONER'S SON