Abdul Salam K.P vs Kerala Bank
2022 Latest Caselaw 2766 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. 8121 OF 2022
PETITIONER:

          ABDUL SALAM K.P., AGED 44 YEARS
          S/O.MUHAMMED,
          KARUTHANDEEVAKATH HOUSE, CHANIDKKARI,
          KARIMBAM P.O., KURUMATHUR AMSOM,
          KANNUR DISTRICT, PIN - 670 142.
          BY ADVS.
          ANAND V.S
          V.T.MADHAVANUNNI
          V.A.SATHEESH


RESPONDENTS:

    1     KERALA BANK
          (KERALA STATE COOPERATIVE BANK)
          KURUMATHUR BRANCH, KURUMATHUR P.O.,
          KANNUR DISTRICT, PIN 670 142,
          REPRESENTED BY THE BRANCH MANAGER.
    2     AUTHORISED OFFICER
          UNDER SARFAEST ACT 2002,
          KERALA STATE COOPERATIVE BANK,
          KANNUR REGIONAL OFFICE,
          KANNUR DISTRICT, PIN - 670 001.



          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. 8121 OF 2022
                                               2



                              BECHU KURIAN THOMAS, J
                            ..............................................
                                W.P.(C) No.8121 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 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.5,12,145/-. 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.V.S.Anand, the learned counsel for the petitioner as

well as Sri.M.Sasindran, the learned Standing counsel for 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 '12' instalments and thereafter, if the amount so

directed is repaid within the time as directed above, to have the loan WP(C) NO. 8121 OF 2022

account regularised.

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

repayment of the entire overdue amount of Rs.5,12,145/- 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.5,12,145/- shall be repaid in '12' equated

monthly instalments.

(ii). The first instalment shall be paid on or before 08.04.2022.

(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 shall be kept in

abeyance.

The writ petition is disposed of.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/11/03//2022 WP(C) NO. 8121 OF 2022

APPENDIX OF WP(C) 8121/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 7/3/2022 ISSUED BY RESPONDENT NO.2 TO PETITIONER.

RESPONDENTS EXHIBITS : NIL

TRUE COPY