Raghavan P.K vs M/S Central Bank Of India
2022 Latest Caselaw 2550 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                       WP(C) NO. 7135 OF 2022
PETITIONER:

          RAGHAVAN P.K.
          AGED 70 YEARS
          S/O. KUTTAPPAN, POLUVEETTIL HOUSE,
          CHITTILAPPILLY POST,
          THRISSUR DISTRICT, PIN CODE-680551.

          BY ADVS.
          N.K.SUBRAMANIAN
          ABRAHAM MATHAN
          ATHUL TOM


RESPONDENT:

          M/S. CENTRAL BANK OF INDIA,
          THRISSUR BRANCH, MACHINGAL LANE,
          M.G.ROAD, THRISSUR, PIN CODE-680001,
          REPRESENTED BY ITS MANAGER.


OTHER PRESENT:

          K.M.ANEESH SC FOR CENTRAL BANK OF INDIA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7135 OF 2022

                                         2


                 BECHU KURIAN THOMAS, J.
               ===========================
                   W.P.(C) No.7135 of 2022
               ============================
                   Dated this the 4th day of March, 2022


                                  JUDGMENT

Petitioner as borrower from the respondent bank, has

committed default in repayment. Consequently, proceedings have

been initiated by the bank for recovery of the amounts due.

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 petitioner committed default in repayment and the outstanding

amount as on February, 2022 is Rs.10,03,000/-. 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 outstanding amount in limited instalments.

4. I have heard Smt.N.K.Subramanian, learned counsel for the WP(C) NO. 7135 OF 2022

petitioner as well as Shri.K.M.Aneesh, learned 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 petitioner can be granted

an opportunity to repay the outstanding amount in eighteen

instalments.

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

bank to accept repayment of the entire outstanding amount of

Rs.10,03,000/- along with bank charges from the petitioner on the

following conditions:

i. The outstanding amount of Rs.10,03,000/- shall be repaid in eighteen equated monthly instalments.

ii. The first instalment shall be paid on or before 30.03.2022.

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

WP(C) NO. 7135 OF 2022

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/-

BECHU KURIAN THOMAS JUDGE ssa/ WP(C) NO. 7135 OF 2022

EXHIBITS OF WP(C)NO.7135 OF 2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 24.07.2018 IN W.P.(C)NO.21866 OF 2018.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 06.07.2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE LETTER DATED 22.02.2022 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.