Aravind J vs Kerala Gramin Bank
2022 Latest Caselaw 2761 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. 8161 OF 2022
PETITIONER:

          ARAVIND J.
          AGED 35 YEARS
          S/O.JAYACHANDRAN V.,
          ASWA BHAVAN,
          ARASUMOODU,
          KULATHOOR P.O.,
          THIRUVANANTHAPURAM, PIN - 695 583.
          BY ADV S.MUMTAZ


RESPONDENT:

          KERALA GRAMIN BANK
          REP. BY THE AUTHORIZED OFFICER,
          REGIONAL OFFICE,
          PRAVIN TOWERS BAKERY JN.,
          THIRUVANANTHAPURAM, PIN - 695 034.



          ADV.K.M.ANEESH-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.8161/2022
                                           2



                          BECHU KURIAN THOMAS, J
                        ..............................................
                            W.P.(C) No.8161 of 2022
                           .....................................
                     Dated this the 11 th 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, and the sale is scheduled to be held on 16.03.2022.

2. During the course of the 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 is Rs.18,52,858/-. It was further

submitted that though proceedings for recovery have been

initiated, as a matter of indulgence, the respondent Bank has

expressed its willingness to defer the sale on condition that

petitioner deposits an amount of Rs.5,00,000/- on or before

15.03.2022 and pays the balance amount in instalments.

4. I have heard Smt.Mumtaz S., the learned counsel for the

petitioner as well as Sri.K.M.Aneesh, the learned Standing WP(C) NO.8161/2022

Counsel for 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

'11' instalments.

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

to accept repayment of the entire outstanding amount of

Rs.18,52,858/- along with bank charges from the petitioner

on the following conditions:

(i). The outstanding amount of Rs.18,52,858/-

shall be repaid in '11' monthly instalments, on

condition that an amount of Rs.5,00,000/-

(Rupees Five lakhs only) shall be paid by the

petitioner by 4 p.m. on 15.03.2022.

(ii). If the said amount is paid within the

stipulated time, the respondent-Bank shall

accept repayment of the entire balance amount

in '10' equated monthly instalments, commencing

from 15.04.2022.

(iii). In the event of default of any one WP(C) NO.8161/2022

instalment, the respondent-Bank shall be entitled

to proceed in accordance with law.

(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.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/11/03//2022 WP(C) NO.8161/2022

APPENDIX OF WP(C) 8161/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE NOTICE DATED 07/02/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P2 REQUEST LETTER DATED 07/03/2022 GIVEN BY THE PETITIONER TO THE RESPONDENT.

RESPONDENTS EXHIBITS : NIL

TRUE COPY