Abdul Shafeer vs Kerala State Co-Operative Bank
2022 Latest Caselaw 3245 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. 9168 OF 2022
PETITIONER:

          ABDUL SHAFEER, AGED 42 YEARS
          S/O BAVU, PALLIPARAMBIL MATHILAKAM,
          PAPINIVATTOM VILLAGE, KODUNGALLUR,
          THRISSUR-680686.
          BY ADV MANSOOR ALI


RESPONDENTS:

    1     KERALA STATE CO-OPERATIVE BANK
          REPRESENTED BY ITS MANAGER, S N PURAM BRANCH,
          PANANGAD P O, KODUNGALLUR, THRISSUR-680665.
    2     THE AUTHORIZED OFFICER
          KERALA STATE CO-OPERATIVE BANK, S N PURAM BRANCH,
          PANANGAD P O, KODUNGALLUR, THRISSUR-680665.



          SRI.P.C.SASIDHARAN



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. 9168 OF 2022


                                           2



                         BECHU KURIAN THOMAS, J
                      ..............................................
                           W.P.(C) No.9168 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 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 petitioner

committed default in repayment and the overdue amount is

Rs.11,49,372/-. 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.Mansoor Ali, the learned counsel for the petitioner as

well as Sri.P.C.Sasidharan, the learned Standing Counsel for

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 WP(C) NO. 9168 OF 2022

the view that the petitioner can be granted an opportunity to repay the

overdue amount in '12' 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.11,49,372/- 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.11,49,372/- shall be repaid in '12'

equated monthly instalments.

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

and the remaining instalments shall be paid on or before

the 18th of the succeeding months.

(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 initiated against the petitioner shall be

kept in abeyance.

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/21/03//2022 WP(C) NO. 9168 OF 2022

APPENDIX OF WP(C) 9168/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE UNDER SECTION 13(4) DATED 15.03.2022 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS : NIL

TRUE COPY