Kerala High Court
Anithakumari. T vs The Kerala State Co-Operative ... on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
WP(C) NO. 8261 OF 2022
PETITIONER:
ANITHAKUMARI. T.
W/O.MANI.P
AGED 56 YEARS
RESIDING AT AKHIL NIVAS, CHENKAL VILLAGE, AYIRA P.O.,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT -
695022.
BY ADVS.
GODWIN JOSEPH
VINOD.R
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE BANK LTD.
(FORMERLY THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE
BANK), REPRESENTED BY ITS CHIEF GENERAL MANAGER, P.B.
NO. 6515, COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM,
PIN - 695033
2 AUTHORISED OFFICER
THE KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICE,
P.B. NO. 5122, EAST FORT, EAST FORT P.O.,
THIRUVANANTHAPURAM, PIN - 695023
3 THE BRANCH MANAGER
THE KERALA STATE CO-OPERATIVE BANK, UCHAKKADA EVENING
BRANCH, SOUMYA COMPLEX, PARASSALA - KOLLEMCODE - POOVAR
- KOVALAM ROAD, UCHAKKADA P.O., KULATHOOR,
THIRUVANANTHAPURAM DISTRICT, PIN - 695006
BY ADVS.
SRI.THOMAS ABRAHAM, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8261 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.8261 of 2022
============================
Dated this the 18th 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.20,16,133/-. 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. 8261 OF 2022
4. I have heard Shri.Godwin Joseph, learned counsel for
the petitioner as well as Shri.Thomas Abraham, learned counsel
for the respondents.
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 twenty
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.20,16,133/- 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.20,16,133/-
shall be repaid in twenty equated monthly
instalments.
WP(C) NO. 8261 OF 2022
(b) The first instalment shall be paid on or
before 18.04.2022.
(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. 8261 OF 2022
APPENDIX OF WP(C) 8261/2022
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER NO.
ADMN/RECOVERY/SECURITIZATION/937/2020-21
DATED 05.02.2021 ISSUED BY THE 2ND
RESPONDENT
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 04.03.2022
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P3 A TRUE COPY OF THE MAHAZAR DATED 04.03.2022
PREPARED BY THE 2ND RESPONDENT.
