Rajan K.P vs The Branch Manager
2022 Latest Caselaw 2769 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. 8112 OF 2022
PETITIONER:

          RAJAN K P
          AGED 70 YEARS
          S/O.PANKU, PROPRIETOR,
          M/S.RAJ ELECTRICALS & ENGINEERING INDUSTRICES,
          39/5187, PARAMBITHARA ROAD,
          PANAMPILLY NAGAR POST, ERNAKULAM PIN 682 036.
          BY ADVS.
          VINU CHAND
          C.R.VINOD KUMAR
          GEEVARGHESE MATHEW


RESPONDENTS:

    1     THE BRANCH MANAGER
          UNION BANK OF INDIA,
          PANAMPILLY NAGAR,
          PANAMPILLY NAGAR POST, ERNAKULAM
          PIN - 682 036.
    2     THE AUTHORISED OFFICER/CHIEF MANAGER,
          UNION BANK OF INDIA, REGIONAL OFFICE,
          2ND FLOOR, UNION BANK BHAVAN,
          MG ROAD, ERNAKULAM PIN 682 035.



          ADV.A.S.P.KURUP-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.8112 of 2022
                                                2



                      BECHU KURIAN THOMAS, J
                    ..............................................
                        W.P.(C) No.8112 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 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.17,76,425/-. 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 outstanding amount in limited instalments.

4. I have heard Sri.Vinu Chand, the learned counsel for the

petitioner as well as Sri.A.S.P.Kurup, the learned Standing Counsel

for respondents.

5. Having regard to the circumstances of the case and the situation WP(C) NO.8112 of 2022

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 '15' instalments.

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

accept repayment of the entire outstanding amount of

Rs.17,76,425/- along with bank charges from the petitioner on the

following conditions:

(i). The outstanding amount of Rs.17,76,425 /- shall be repaid

in '15' equated monthly instalments.

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

08.04.2022.

(iii). In the event of default of any one 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 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.8112 of 2022

APPENDIX

PETITIONERS EXHIBITS :

EXT.P1 COPY OF THE NOTICE DATED 21.04.2021 BEARING NO.CRLD NO.123/2021-22 EXT.P2 COPY OF THE LETTER DATED 17.02.2022 SUBMITTED BY THE PETITIONER.

EXT.P3 COPY OF THE NOTICE DATED 17.02.2022, ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED IN M.C.495/2021.

RESPONDENTS EXHIBITS : NIL

TRUE COPY