Saji vs Kerala State Co Operative Bank
2022 Latest Caselaw 2934 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. 8795 OF 2022
PETITIONER:

          SAJI
          AGED 52 YEARS
          S/O. RAMAN NAIR, NANGELIVALAPPIL HOUSE, KANATTUKARA
          DESOM, AYYANTHOLE VILLAGE, THRISSUR THALUK, THRISSUR,
          PIN - 680011
          BY ADV V.C.MADHAVANKUTTY


RESPONDENT:

          KERALA STATE CO OPERATIVE BANK
          WEST FORT BRANCH, (FORMERLY THE THRISSUR DISTRICT
          COOPERATIVE BANK WEST FORT BRANCH LTD), GURUVAYOOR
          ROAD, PUNKUNNAM,TRISSUR, REPRESENTED BY ITS AUTHORISED
          OFFICER, PIN - 680036
OTHER PRESENT:

          P.C.SASIDHARAN SC FOR BANK


     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. 8795 OF 2022
                                 -:2:-


              BECHU KURIAN THOMAS, J.
         -----------------------------------------
               W.P.(C) No. 8795 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 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 the petitioner committed default in

repayment and the overdue amount is Rs.33,72,438/-.

It was further submitted that though proceedings for

recovery have been initiated, as a matter of

indulgence, the respondent bank is willing to accept WP(C) NO. 8795 OF 2022

repayment of the overdue amount in limited

instalments and regularise the loan account.

4. I have heard Sri.Madhavankutty, the learned

counsel for the petitioner as well as

Sri.P.C.Sasidharan, the learned Standing Counsel for

the 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 account

regularised.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire

overdue amount of Rs.33,72,438/- along with bank

charges from the petitioner and regularise the loan

account of the petitioner on the following conditions: WP(C) NO. 8795 OF 2022

(i) The overdue amount of Rs.33,72,438/- shall be repaid in '12' equated monthly instalments.

(ii) The first instalment shall be paid on or before 30/03/2022.

(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 against the petitioner shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 8795 OF 2022

APPENDIX OF WP(C) 8795/2022

PETITIONER'S EXHIBITS :

OF 2022 DATED 31.01.2022 FILED BY THE RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR.

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN MC.NO.85 OF 2022 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR TO THE PETITIONER DATED 10.03.2022.

RESPONDENT'S EXHIBITS : NIL


AJM                //TRUE COPY//            PA TO JUDGE