Athikkal Ahammed Kutty vs The Authorised Officer
2022 Latest Caselaw 3181 Ker

                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. 9309 OF 2022
PETITIONER :

          ATHIKKAL AHAMMED KUTTY,
          AGED 66 YEARS,
          S/O. ABOOBACKER, ATHIKKAL HOUSE,
          KUNNUMMAL, EDAVANNA,
          MALAPPURAM DISTRICT, PIN-676 541

          BY ADVS.
          K.M.SATHYANATHA MENON
          SMT.SMT.KAVERY S.THAMPI, SC, THALAYAZHAM GRAMA
          PANCHAYAT



RESPONDENTS :

    1     THE AUTHORISED OFFICER,
          UNDER SARFAESI ACT, CATHOLIC SYRIAN BANK LIMITED,
          NORTH KERALA ZONE, P.M. MATHEW AND BROTHERS ARCADE,
          CHAKKORATHUKULAM, KOZHIKODE,
          PIN - 673 006

    2     THE BRANCH MANAGER,
          CATHOLIC SYRIAN BANK LIMITED,
          NILAMBUR BRANCH, POST NILAMBUR,
          MALAPPURAM DISTRICT, PIN-679 329

          BY SRI.PAULOCHAN ANTONY, 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. 9309 OF 2022
                                          2

                      BECHU KURIAN THOMAS, J.
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                       W.P.(C) No.9309 of 2022
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                 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 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.21,03,816/-. 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.K.M.Sathyanatha Menon, the learned counsel

for the petitioner as well as Sri.Paulochan Antony, the 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 recorded above,

I am of the view that the petitioner can be granted an opportunity to repay the

outstanding amount in '10' instalments.

6. Accordingly, there will be a direction to the respondent bank to WP(C) NO. 9309 OF 2022

accept repayment of the entire outstanding amount of Rs.21,03,816/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.21,03,816/- shall be repaid in '10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 18.04.2022.

(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 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

RKM WP(C) NO. 9309 OF 2022

APPENDIX OF WP(C) 9309/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 14.02.2022