Smitha Sundeep vs The Authorized Officer
2022 Latest Caselaw 2728 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. 8205 OF 2022
PETITIONER:

          SMITHA SUNDEEPAGED 45 YEARS, W/O. SUNDEEP,
          TC 8/973, ARAYALLUR, THIRUMALA P.O.,
          THIRUVANANTHAPURAM.

          BY ADVS.
          R.SUNIL KUMAR
          A.SALINI LAL


RESPONDENTS:

    1     THE AUTHORIZED OFFICER
          AXIS BANK, RETAIL ASSET CENTER, 5TH FLOOR, CHICAGO
          PLAZA,
          RAJAJI ROAD, ERNAKULAM - 682035.

    2     THE BRANCH MANAGER,
          AXIS BANK, KARAMANA BRANCH,
          THIRUVANANTHAPURAM - 695002.


OTHER PRESENT:

          ADV.PRADEESH CHACKO-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. 8205 OF 2022
                                  2


              BECHU KURIAN THOMAS, J.
            ===========================
                W.P.(C) No.8205 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.3,33,988/-. 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.

WP(C) NO. 8205 OF 2022

4. I have heard Shri.R.Sunilkumar, learned counsel for the

petitioner as well as Shri.Pradeesh Chacko, learned counsel for

the 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 opportunity to repay the overdue amount in ten

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.3,33,988/- along with bank charges from the petitioner and

regularise the loan account of the petitioner on the following

conditions:

(a) The overdue amount of Rs.3,33,988/- shall be repaid in ten equated monthly instalments. WP(C) NO. 8205 OF 2022

(b) The first instalment shall be paid on or before 30.03.2022.

(c) Petitioner shall continue to pay the regular EMI's along with the instalments directed above.

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

(e) 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. 8205 OF 2022

APPENDIX OF WP(C)8205/2022

PETITIONERS' EXHIBIT

Exhibit P1 TRUE COPY OF THE NOTICE DATED 20.04.2021 ISSUED BY THE RESPONDENT BANK

Exhibit P2 TRUE COPY OF THE ORDER OF THE HONOURABLE CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM IN MC 479/2021

Exhibit P3 TRUE COPY OF THE PETITIONERS ACCOUNT STATEMENT DATED 19.08.2021