K.P.Mohammedali vs Kerala Gramin Bank
2022 Latest Caselaw 3077 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                         WP(C) NO. 8907 OF 2022
PETITIONER :

          K.P.MOHAMMEDALI,
          AGED 53 YEARS,
          S/O.MOHAMMED, RESIDING AT KARIPARAMBIL HOUSE,
          MALAVAYAL, POST THOVARIMALA, SULTHAN BATHERI,
          WAYANADU - 675 592.

          BY ADVS.
          V.V.SURENDRAN
          P.A.HARISH
          ANUSREE.C
          PAUL MATHEW



RESPONDENTS :

    1     KERALA GRAMIN BANK,
          REPRESENTED BY ITS BRANCH MANAGER,
          AMBALAVAYAL BRANCH, WAYANADU - 673 593.

    2     THE AUTHORISED OFFICER,
          KERALA GRAMIN BANK, REGIONAL OFFICE,
          KALPATTA, WAYANAD - 673 121.

    3     KUNHANEEFA,
          S/O.KUNHAMMI, RESIDING AT PARAKKAL HOUSE,
          POST THOVARIMALA, WAYANADU - 673 592.

          BY SRI.JAWHAR JOSE, STANDING COUNSEL FOR THE BANK




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8907 OF 2022
                                          2


                        BECHU KURIAN THOMAS, J.
                      =-=-=-=-=-=-=-=-=-=-=-=-=-=
                         W.P.(C) No.8907 of 2022
                      =-=-=-=-=-=-=-=-=-=-=-=-=-=
                   Dated this the 17th 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 outstanding amount in instalments.

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

petitioner committed default in repayment and the total outstanding amount is

Rs.12,79,703/-. It was further submitted that the respondent bank is willing to

defer the sale provided the petitioner repays the entire amount in reasonable

instaments.

4. I have heard Sri.V.V.Surendran, the learned counsel for the

petitioner as well as Sri.Jawahar Jose, the learned Standing Counsel for the

respondent bank.

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

outstanding amount in '10' instalments. WP(C) NO. 8907 OF 2022

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

accept repayment of the entire outstanding amount of Rs.12,79,703/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.12,79,703/- shall be repaid in '10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 30.03.2022.

(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 petitioner to repay the entire amounts, all coercive proceedings including the sale scheduled as per Ext.P2 shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 8907 OF 2022

APPENDIX OF WP(C) 8907/2022

PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 03/11/2017 IN WP(C) NO.35226/2017.

Exhibit P2 A TRUE COPY OF THE SALE NOTICE DATED 18/2/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ALONG WITH THE COVERING LETTER.