Nalini.P.K vs The Authorised Officer
2022 Latest Caselaw 2925 Ker

              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. 8835 OF 2022
PETITIONER:

          NALINI.P.K
          AGED 57 YEARS
          W/O.CHANDRAN C.,
          KUZHIMANNIL HOUSE,
          PILASSERY P.O.,
          KUNNAMANGALAM VIA,
          KOZHIKODE - 673 571.
          BY ADV NAMITHA JYOTHISH


RESPONDENTS:

    1     THE AUTHORISED OFFICER
          KERALA STATE CO-OPERATIVE BANK LTD.,
          KALLAI ROAD, CHALAPPURAM P.O.
          KOZHIKODE - 673 002.
    2     KERALA STATE CO-OPERATIVE BANK LTD.,
          KALLAI ROAD, CHALAPPURAM P.O.,
          KOZHIKODE - 673 002,
          REPRESENTED BY MANAGER.
          ADV.P.C.SASIDHARAN, 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.8835 of 2022
                                             2



                           BECHU KURIAN THOMAS, J
                        ..............................................
                             W.P.(C) No.8835 of 2022
                            .....................................
                        Dated this the 16th 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.7,46,388/-. 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.Namitha Jyothish, the learned counsel for the

petitioner as well as Sri.P.C.Sasidharan, 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 WP(C) NO.8835 of 2022

overdue amount in '15' 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.7,46,388/- 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.7,46,388/- shall be repaid in '15'

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.8835 of 2022

APPENDIX

PETITIONERS EXHIBITS :

EXT.P1 COPY OF THE NOTICE DATED 10.02.2022 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS : NIL

TRUE COPY