Rasheeda R. @ Rasheeda Beevi vs The Federal Bank Ltd
2022 Latest Caselaw 2765 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. 8133 OF 2022
PETITIONER:

          RASHEEDA R. @ RASHEEDA BEEVI
          AGED 58 YEARS
          W/O.MUHAMMED SHAFI,
          PALLASSERIL, PADEETTATHIL,
          K.S.PURAM P.O., KOLLAM - 690 544.
          BY ADVS.
          S.KRISHNAMOORTHY
          SNEHA ROSE
          P.S.ARUNA


RESPONDENTS:

    1     THE FEDERAL BANK LTD.
          KARUGAPALLY BR., P.B.NO.5, KARUNGAPALLY,
          KOLLAM - 690 518, REPRESENTED BY ITS MANAGER.
    2     THE FEDERAL BANK LTD.,
          LOAN COLLECTION & RECOVERY DEPARTMENT PUTHIYAKKAVU,
          MAVELIKKARA, ALAPPUZHA - 690 101,
          REPRESENTED BY ITS AUTHORIZED OFFICER.



          ADV.P.PAULOCHAN ANTONY-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.8133 of 2022
                                              2



                             BECHU KURIAN THOMAS, J
                           ..............................................
                               W.P.(C) No.8133 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.

2. During the course of the 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

petitioner committed default in repayment and the overdue

amount is Rs.6,70,628/-. 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 Sri.S.Krishnamoorthy, the learned counsel for

the petitioner as well as Sri.Paulochan P. Antony the learned

Standing counsel for respondents.

WP(C) NO.8133 of 2022

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 '11'

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.6,70,628/- along with bank charges from the petitioner

and to regularise the loan account of the petitioner on the

following conditions:

(i). The overdue amount of Rs.6,70,628/- shall be

repaid in a total of '11' instalments, on condition

that an amount of Rs.2,00,000/- (Rupees Two lakhs

only) shall be paid by the petitioner on or before

30.03.2022.

(ii). If the said amount is paid as directed above,

the petitioner will be entitled to clear the balance

amount, after deducting the said amount of

Rs.2,00,000/-, in '10' equated monthly instalments,

commencing from 30.04.2022.

WP(C) NO.8133 of 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 initiated

against the petitioner, including those under Ext.P3;

shall be kept in abeyance.

         The     writ petition is disposed of.

                                                           sd/-
                                                  BECHU KURIAN THOMAS
                                                        JUDGE
         AMV/11/03//2022
 WP(C) NO.8133 of 2022




                        APPENDIX OF WP(C) 8133/2022

  PETITIONER EXHIBITS

  Exhibit P1              THE TRUE COPY OF THE DEMAND NOTICE DATED

15/10/2019 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 THE TRUE COPY OF THE POSSESSION NOTICE DATED 10/2/2020 ISSUED BY THE 1ST RESPONDENT.

  Exhibit P3              THE TRUE COPY OF THE NOTICE DATED
                          22/2/2022    ISSUED   BY   THE    ADVOCATE
                          COMMISSIONER IN MC NO.13/2022.
  Exhibit P4              TRUE COPY OF THE DISCHARGE CARD ISSUED BY

THE A A RAHIM MEMORIAL DISTRICT HOSPITAL DATED 13/2/2022.

RESPONDENTS EXHIBITS : NIL

TRUE COPY