Kerala High Court
Vijo Scaria vs Union Bank Of India on 11 March, 2022
WP(C) NO. 8059 OF 2022
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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. 8059 OF 2022
PETITIONER/S:
1 VIJO SCARIA
AGED 48 YEARS
NADUKKUDIYIL HOUSE,UDUMBANNOOR P O,UDUMBANNOOR,IDUKKI
685595, PIN - 685595
2 DEEPA VIJO
AGED 47 YEARS
NADUKKUDIYIL HOUSE,UDUMBANNOOR P O,UDUMBANNOOR,IDUKKI-
685595, PIN - 685595
BY ADVS.
SARATHKUMAR.T.S
JISMEMOL JAMES
SHYAM KUMAR M.P
ACHANKUNJU P.C
DAISY IRENE DANIEL
RESPONDENT/S:
UNION BANK OF INDIA
REPRESENTED BY ITS AUTHORISED OFFICER,THODUPUZHA
BRANCH ,SEMI SQUARE BUILDING, AMBALAM BYEPASS, THODUPUZHA
IDUKKI-685584, PIN - 685584
BY ADV SHRI.A.S.P.KURUP, SC, UBI
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. 8059 OF 2022
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BECHU KURIAN THOMAS, J.
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W.P.(C)No.8059 of 2022
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Dated this the 11th day of March, 2022
JUDGMENT
Petitioners availed a housing loan and vehicle loan from the
respondent bank. Consequent to the default in repayment,
proceedings have been initiated by the Bank for recovery of the
amounts due.
2. During the course of the hearing, petitioners have
confined the relief to an opportunity for repaying the overdue
amount in instalments and to obtain regularisation of both loan
accounts.
3. It was submitted on behalf of the respondent-Bank that
the petitioner committed default in repayment and the overdue
amount is Rs.9,32,581/-. 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
WP(C) NO. 8059 OF 2022
account.
4. I have heard Sri.Sarathkumar, the learned counsel for the
petitioners as well as Sri.A.S.P.Kurup, learned Standing 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 petitioners can be granted
an opportunity to repay the overdue amount in '12' 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.9,32,581/- along with bank charges from the petitioners and to
regularise the loan account of the petitioners on the following
conditions:
(i). The overdue amount of Rs.9,32,581/- shall be repaid in '12'
equated monthly instalments.
(ii). The first instalment shall be paid on or before 08.04.2022.
(iii). Petitioners 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
WP(C) NO. 8059 OF 2022
bank shall be entitled to proceed in accordance with law.
(v) In order to enable the petitioners to repay the entire amounts,
all coercive proceedings inluding the procedings under Section 14
of the SARFAESI Act shall be kept in abeyance.
The writ petition is disposed of as above.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 8059 OF 2022
APPENDIX OF WP(C) 8059/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ACCOUNT STATEMENT ON 03-
03-2022 VIDE LOAN ACCOUNT NO.338006650157587
SHOWING THE OUTSTANDING LIABILITY
Exhibit P2 THE TRUE COPY OF THE TITLE DEED NO.119/I/2018
Exhibit P3 TRUE COPY OF THE CASE DETAILS FILED BY THE
RESPONDENTS ON 25-02-2022 BEFORE THE HON'BLE
CJM, THODUPUZHA
