Kannan vs Kerala State Co-Operative Bank
2022 Latest Caselaw 2654 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943


                      WP(C) NO. 8254 OF 2022
PETITIONER:

            KANNAN,
            AGED 70 YEARS,
            S/O. KUMARAN, POOVATHUM KADAVIL,
            PERINJANAM DESHAM, PERINJANAM VILLAGE,
            KODUNGALLUR TALUK, THRISSUR 680 686.
            BY ADV MANSOOR ALI


RESPONDENTS:

    1       KERALA STATE CO-OPERATIVE BANK,
            REPRESENTED BY ITS MANAGER, PERINJANAM BRANCH,
            PERINJANAM P.O., MOONUPEEDIKA, THRISSUR 680 686.
    2       THE AUTHORISED OFFICER,
            KERALA STATE CO-OPERATIVE BANK,
            PERINJANAM BRANCH, PERINJANAM P.O.,
            MOONUPEEDIKA , THRISSUR 680 686.
            ADV.P.C.SASIDHARAN-SC



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   11.03.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 8254 OF 2022

                                       2

                       BECHU KURIAN THOMAS, J.
                    -----------------------------------------
                        W.P.(C) No. 8254 of 2022
                     ----------------------------------------
                   Dated this the 11th 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 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.4,72,908/- as on 28.02.2022. 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 Adv.Mansoor Ali, the learned Counsel for the

petitioner as well as Adv.P.C.Sasidharan, the learned Standing Counsel

for respondents.

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 WP(C) NO. 8254 OF 2022

opportunity to repay the overdue amount in 10 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.4,72,908/-

along with bank charges from the petitioner and regularise the loan

account of the petitioner on the following conditions:

(i) The overdue amount of Rs.4,72,908/- shall be repaid in

'10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 08.04.2022.

(iii) Petitioner shall continue to pay the regular EMI's along

with the instalments directed above.

(iv) In the event of default of any one instalment, the

respondent bank shall be entitled to proceed in

accordance with law.

(v) 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 nk WP(C) NO. 8254 OF 2022

APPENDIX OF WP(C) 8254/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE PASSBOOK OF LOAN ACCOUNT NO. 80008798210. Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE UNDER SECTION 13 (4) DATED 08.03.2022 ISSUED BY THE 2ND RESPONDENT.