Surendran.T.K vs The Authorized Officer
2022 Latest Caselaw 2960 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. 8675 OF 2022
PETITIONERS :

    1     SURENDRAN.T.K.,
          AGED 58 YEARS,
          S/O.RAMAN, RESIDING AT THIYYAKKANDI HOUSE,
          POONATH P.O., KOTTUR, KOZHIKODE - 673 614.

    2     SHARADA,
          AGED 52 YEARS,
          W/O.RAMAN, RESIDING AT THIYYANKANDI HOUSE,
          POONATH P.O., KOTTUR, KOZHIKODE - 673 614.

          BY ADV SHARAN SHAHIER



RESPONDENT :

          THE AUTHORIZED OFFICER,
          KERALA STATE CO-OPERATIVE BANK,
          REGIONAL OFFICE, COLOMBO TOWERS, KALLAI ROAD,
          CHALAPPURAM P.O., KOZHIKODE - 673 002.



          BY SRI.PC. 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. 8675 OF 2022
                                        2




                        BECHU KURIAN THOMAS, J.
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                         W.P.(C) No.8675 of 2022
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                   Dated this the 16th day of March, 2022

                                  JUDGMENT

Petitioners as borrowers 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, petitioners have confined the

relief to an opportunity for repaying the outstanding amount in instalments.

3. It was submitted on behalf of the respondent bank that the

petitioners committed default in repayment and the total outstanding amount is

Rs.23,64,953/-. 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 outstanding amount in limited instalments.

4. I have heard Sri.Sharan Shahier, the learned counsel for the

petitioners as well as Sri.P.C.Sasidharan, the learned 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 WP(C) NO. 8675 OF 2022

outstanding amount in '12' instalments.

6. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of Rs.23,64,953/- along

with bank charges from the petitioners on the following conditions:

(i) The outstanding amount of Rs.23,64,953/- shall be repaid in '12' equated monthly instalments.

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

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

(iv) 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 as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 8675 OF 2022

APPENDIX OF WP(C) 8675/2022

PETITIONERS' EXHIBITS :

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 23/02/2022.