Kerala High Court
Asiya vs The Authorized Officer 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. 8737 OF 2022
PETITIONERS:
1 ASIYA
AGED 59 YEARS
W/O.LATE USAIN @ HUSSAIN,
MARVA, ATHOLI,
KOZHIKODE DISTRICT, PIN - 673 315.
2 MUHAMMED ASHEEL,
AGED 41 YEARS,
S/O.LATE USAIN @ HUSSAIN,
MARVA, ATHOLI,
KOZHIKODE DISTRICT, PIN - 673 315.
BY ADVS.
T.K.VIPINDAS
SREEVINAYAKAN.K.V
RESPONDENTS:
1 THE AUTHORIZED OFFICER
THE KERALA STATE CO-OPERATIVE BANK LTD.,
KALLAI ROAD, CHALAPPURAM.P.O.,
KOZHIKODE - 673 002.
2 THE KERALA STATE CO-OPERATIVE BANK LTD.,
ATHOLI BRANCH, ATHOLI,
KOZHIKODE, PIN - 673 315.
REPRESENTED BY ITS 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.8737 of 2022
2
BECHU KURIAN THOMAS, J
..............................................
W.P.(C) No.8737 of 2022
.....................................
Dated this the 16 th day of March, 2022
JUDGMENT
Petitioners as borrowers from the respondent bank have
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, petitioners have confined
their relief to an opportunity for repaying the overdue
amount in installments and to obtain regularisation of the
loan account.
3. It was submitted on behalf of the respondent bank that
petitioners have committed default in repayment and the
overdue amount is Rs.25,37,058/-. It was further submitted
that though proceedings for recovery have been initiated, as
a matter of indulgence, respondent bank is willing to accept
repayment of the overdue amount in limited instalments and
regularise the loan account.
4. I have heard Sri.Vipindas T.K., learned counsel for the
petitioners as well as Sri.P.C.Sasidharan, the learned
WP(C) NO.8737 of 2022
Standing Counsel for the 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 petitioners can be
granted an opportunity to repay the 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 overdue amount of
Rs.25,37,058/- along with bank charges from the petitioners
and regularise the loan account of the petitioners on the
following conditions:
( i). The overdue amount of Rs.25,37,058/- shall be
repaid in '15' equated monthly instalments.
(ii). The first instalment shall be paid on or before
16.04.2022.
(iii). Petitioners 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.
WP(C) NO.8737 of 2022
(v) In order to enable the petitioners to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/17/03//2022
WP(C) NO.8737 of 2022
APPENDIX
PETITIONERS EXHIBITS :
EXT.P1 COPY OF THE NOTICE DATED 10.02.2022 ISSUED TO THE
PETITIONERS AS PER THE PROVISIONS OF SARFAESI ACT.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
