Kerala High Court
Antil.K.Antony vs The Authorised Officer 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. 7910 OF 2020
PETITIONERS:
1 ANTIL.K.ANTONY,
AGED 44 YEARS
S/O.ANTONY, KOLANCHERY HOUSE,
KANIMANGALAM P.O., THRISSUR.
2 NISHAR,
46/20, S/O.KUNJUMUHAMMED,
PANIKKAVEETTIL HOUSE, KARSHAKA ROAD, ELAVALLY,
CHITTATTUKKARA P.O., THRISSUR.
BY ADV I.DINESH MENON
RESPONDENTS:
1 THE AUTHORISED OFFICER
TRICHUR URBAN COOPERATIVE BANK LTD.NO.87,
HEAD OFFICE, MISSION QUARTERS, THRISSUR-680 001.
2 BRANCH MANAGER,
KOORKENCHERRY BRANCH, TRICHUR URBAN COOPERATIVE
BANK LTD. NO.87, KOORKENCHERRY, THRISSUR-680 021.
BY ADV SRI.DEVAPRASANTH.P.J.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C) No.7910 OF 2020
2
BECHU KURIAN THOMAS, J.
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W.P(C) No.7910 OF 2020
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Dated this the 18th day of March, 2022
JUDGMENT
Petitioners availed an overdraft facility from the
respondent-Bank. Consequent to the default in repayment,
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
outstanding amount is Rs.26,11,543/- as on 15.03.2022. 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.I.Dinesh Menon, learned Counsel for
petitioners as well as Sri.Devaprasanth P. J., learned Counsel for
respondents.
W.P(C) No.7910 OF 2020
5. Notwithstanding the failure of the petitioner to comply
with the interim order dated 13.03.2020, respondents have
agreed to accept repayment of amounts in instalments, provided
petitioners do not come forward with any extension or
modification of the interim order.
6. 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 petitioner can be granted
an opportunity to repay the outstanding amount in 11
instalments.
7. Accordingly, there will be a direction to the
respondent-Bank to accept repayment of the entire outstanding
amount of Rs.26,11,543/- along with bank charges from the
petitioner on the following conditions:
(i). Out of the total outstanding amount of
Rs.26,11,543/-, an amount of Rs.5,00,000/-
(Rupees Five Lakh only) shall be paid as first
instalment, on or before 18.04.2022.
(ii) The balance amount shall be repaid in '10' equated
monthly instalments, payable on the 18th of every
succeeding months.
W.P(C) No.7910 OF 2020
(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 against the
petitioner shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
nk
W.P(C) No.7910 OF 2020
APPENDIX OF WP(C) 7910/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE STATEMENT OF ACCOUNTS.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 9.10.2018
UNDER S.13(2).
EXHIBIT P3 TRUE COPY OF THE POSSESSION NOTICE DATED
31.5.2019.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 5.9.19.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED
4.3.2020.PASSED BY THE CHIEF JUDICIAL
MAGISTRATE IN CMP.NO.1084/2019
