Kerala High Court
Najmunnisa P.T vs Authorised Officer, Kerala State ... on 11 March, 2022
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. 8173 OF 2022
PETITIONER:
NAJMUNNISA P.T.
AGED 48 YEARS
W/O.MUHAMMED HARIS P.T., RESIDING AT NAJMA NIVAS,
KADACHIRA P.O., KANNUR DISTRICT - 670 621.
BY ADVS.
C.SIVADAS
T.D.SUSMITH KUMAR
RESPONDENTS:
1 AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK
LTD.,
KANNUR REGIONAL OFFICE, KANNUR - 670 001.
2 KERALA STATE CO-OPERATIVE BANK LTD.
EDAKKAD BRANCH, T.M.MOOSA MEMORIAL COMPLEX, EDAKKAD,
KANNUR DISTRICT - 670 663, REPRESENTED BY ITS BRANCH
MANAGER.
OTHER PRESENT:
ADV.M.SASINDRAN-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. 8173 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.8173 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.19,10,000/-. 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 overdue amount in limited instalments and regularise the loan
account.
WP(C) NO. 8173 OF 2022
4. I have heard Shri.C.Sivadas, learned counsel for the
petitioner as well as Shri.M.Sasindran, 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 eighteen
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.19,10,000/- 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.19,10,000/- shall
be repaid in eighteen equated monthly
instalments.
WP(C) NO. 8173 OF 2022
(b) The first instalment shall be paid on or
before 28.03.2022.
(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. 8173 OF 2022
APPENDIX OF WP(C) 8173/2022
PETITIONERS' EXHIBITS
Exhibit P1 COPY OF TREATMENT SUMMARY OF PETITIONER'S
MOTHER-IN-LAW.
Exhibit P2 COPY OF DEATH CERTIFICATE OF PETITIONER'S
MOTHER-IN-LAW.
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE 1ST RESPONDENT DATED 10/08/2021 WITH
DATE AS 10/08/2020.
Exhibit P4 TRUE COPY OF THE NOTICE SENT BY 1ST
RESPONDENT TO TAKE POSSESSION ON
11/03/2022 DATED 05/03/2022.
