Kerala High Court
Binod.K.B vs State Bank Of India on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 6079 OF 2022
PETITIONER:
BINOD.K.B.,
AGED 50 YEARS
S/O.BALAKRISHNAN,
MATTATHU MELATHIL,
KARIKKAL, KARIMPINPUZHA,
PUTHOOR, KOLLAM DISTRICT-691 507.
BY ADVS.
E.V.MOLY
M.JITHESH MENON
RESPONDENT:
* STATE BANK OF INDIA,
STRESSED ASSETS RECOVERY BRANCH,
7TH FLOOR, VANKARATH TOWER,
PALARIVATTOM,
BYE PASS JUNCTION,
ERNAKULAM-682 024,
REPRESENTED BY ITS AUTHORIZED OFFICER.
CORRECTED AS
"STATE BANK OF INDIA, RASMEC, PUTHUR BRANCH,
KOTTARAKARA. REP. BY ITS AUTHORIZED OFFICER."
CORRECTED AS PER ORDER DATED 16.03.2022 IN
I.A.NO.1/2022.
ADV.M.JITHESH MENON, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.6079 of 2022
2
BECHU KURIAN THOMAS, J
..............................................
W.P.(C) No.6079 of 2022
.....................................
Dated this the 16 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.1,99,000/-. 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.
4. I have heard Smt.Moly E.V., the learned counsel for the petitioner as
well as Sri.M.Jithesh Menon, the learned Standing 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
WP(C) NO.6079 of 2022
overdue amount in '10' 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.1,99,000/- 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.1,99,000/- shall be repaid in '10'
equated monthly instalments.
(ii). The first instalment shall be paid on or before 16.04.2022.
(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/17/03//2022
WP(C) NO.6079 of 2022
APPENDIX OF WP(C) 6079/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE
FOR THE DISCHARGE SUMMARY.
Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE DATED
08.09.2021.
Exhibit P3 THE TRUE COPY OF THE POSSESSION NOTICE
DATED 19.01.22.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
