Kerala High Court
Jayan C vs Kerala Gramin Bank on 16 March, 2022
WP(C) NO. 8688 OF 2022
1
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. 8688 OF 2022
PETITIONER/S:
JAYAN C.
AGED 46 YEARS
S/O.KRISHNAN, KOROTHAN HOUSE, VEKKALAM, NEDUMPOIL P.O.,
KANNUR DISTRICT, PIN - 670 650.
BY ADV V.BINOY RAM
RESPONDENT/S:
1 KERALA GRAMIN BANK
PERAVOOR BRANCH, NEAR NEW BUS STAND, PERAVOOR P.O., PIN -
670 673, REP. BY THE MANAGER.
2 KERALA GRAMIN BANK
PERAVOOR BRANCH, NEW BUS STAND, PERAVOOR P.O., PIN - 670
673, REP. BY THE AUTHORISED OFFICER.
OTHER PRESENT:
JAWAHAR JOSE 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. 8688 OF 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C)No.8688 of 2022
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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
the petitioner committed default in repayment and the overdue
amount is Rs.2,00,638/-. 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 Sri.Binoy Ram, the learned counsel for the
petitioner as well as Sri.Jawahar Jose, 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
WP(C) NO. 8688 OF 2022
recorded above, I am of the view that the petitioner can be granted
an opportunity to repay the overdue amount in '10' 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.2,00,638/- 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.2,00,638/- shall be repaid in '10'
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 against the petitioner shall be kept in
abeyance.
The writ petition is disposed of as above.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 8688 OF 2022
APPENDIX OF WP(C) 8688/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 08/07/2021
ISSUED BY 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 07/09/2021
ISSUED BY 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE DATED
13/12/2021 ISSUED BY 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE SALE NOTICE WITH COVERING
LETTER DATED 05/02/2022 ISSUED BY 2ND
RESPONDENT.
