Nimy vs The Karamana Co-Operative Urban ...
2022 Latest Caselaw 6672 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
         THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                         WP(C) NO. 2611 OF 2021
PETITIONER/S:

             NIMY,
             AGED 35 YEARS
             W/O. KUMAR.S, NADUVATHARA VEEDU, NETTAYAM ROAD, NETTAYAM
             P.O. THIRUVANANTHAPURAM 695 013.
             BY ADVS.
             SAIJO HASSAN
             SRI.BENOJ C AUGUSTIN
             SRI.RAFEEK. V.K.
             SRI.U.M.HASSAN
             SMT.P.PARVATHY
             SMT.SURYA P SHAJI
             SHRI.MANAS P HAMEED
             SMT.AATHIRA SUNNY
             SHRI.ELDHO.N.MONCY
             NAZRIN HALL A.J.


RESPONDENT/S:

     1       THE KARAMANA CO-OPERATIVE URBAN BANK LIMITED REPRESENTED
             BY ITS AUTHORISED OFFICER, KARAMANA, THIRUVANANTHAPURAM
             695 002.
     2       NITHIN MOHAN,
             T C 7/484, VKP NAGAR, KANJIRAMPARA P.O.
             THIRUVANANTHAPURAM 695 030.
             SRI.R.S.KALKURA , SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).2611/21                             2



                                    JUDGMENT

Petitioner has approached this Court challenging proceedings initiated under

the Securitisation and Reconstruction of Financial Assets and Enforcement of

Security Interest Act (hereinafter referred to as the Securitisation Act) for recovery

of the amounts due upon the cash credit facility availed by the 2nd respondent.

2. During the course of hearing, petitioner has confined the relief to an

opportunity for repaying the outstanding amount in instalments.

3. It was submitted on behalf of the respondent bank that the 2 nd

respondent committed default in repayment and the outstanding amount is

Rs.3,48,332/-. 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 outstanding amount in limited instalments.

4. I have heard the learned counsel for the petitioner as well as the

learned Standing Counsel for the 1st 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 petitioner can be granted an opportunity to repay the outstanding amount

in nine (9) instalments.

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

repayment of the entire outstanding amount of Rs.3,48,332/- along with bank

charges from the petitioner on the following conditions:

(i) The petitioner shall pay an amount of Rs.50,000/- on or before

30.06.2022 and thereafter the balance outstanding amount together with any accrued interest/costs shall be repaid in nine (9) equated monthly instalments starting from 30.7.2022. The subsequent instalments shall be paid on or before the last working day of the succeeding months;

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

(iv) 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 okb/9.6.22

//True copy// PS to Judge

APPENDIX OF WP(C) 2611/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE 13(2) NOTICE DATED 09.05.2019 ISSUED BY THE RESPONDENT BANK.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 06.01.2021 ISSUED BY THE RESPONDENT BANK ALONG WITH ITS ENGLISH TRANSLATION.