Jisso vs Manager
2022 Latest Caselaw 2948 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. 8749 OF 2022
PETITIONER:

          JISSO
          AGED 46 YEARS
          S/O.VARGHESE, CHETTETH HOUSE, PULICKAMALI P.O., PAMBRA,
          ERNAKULAM-682 314

          BY ADV MANU ROY


RESPONDENT:

          THE MANAGER
          MUVATTUPUZHA URBAN CO-OPERATIVE BANK LTD.,
          KACHERITHAZHAM, MUVATTUPUZHA-686661.

          BY ADV.SAJEEV KUMAR.K-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. 8749 OF 2022

                                  2


              BECHU KURIAN THOMAS, J.
            ===========================
                W.P.(C) No.8749 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.2,17,453/-. 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.

WP(C) NO. 8749 OF 2022

4. I have heard Shri.Manu Roy, learned counsel for the

petitioner as well as Shri.Sajeev Kumar.K., learned 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 petitioner can be

granted an opportunity to repay the overdue amount in ten

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.2,17,453/- along with bank charges from the petitioner and

regularise the loan account of the petitioner on the following

conditions:

(a) The overdue amount of Rs.2,17,453/- shall be repaid in ten equated monthly instalments. WP(C) NO. 8749 OF 2022

(b) The first instalment shall be paid on or before 16.04.2022.

(c) Petitioner shall continue to pay the regular EMI's along with the instalments directed above.

(d) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

(e) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/ WP(C) NO. 8749 OF 2022

APPENDIX OF WP(C)8749/2022

PETITIONERS' EXHIBITS

Exhibit P1 COPY OF MRI SCAN REPORT DATED 20.11.2021 OF GENERAL HOSPITAL, ERNAKULAM

Exhibit P2 COPY OF NOTICE DATED 03.03.2022 U/S.13(4) OF THE SARFAESI ACT