Thankamma Vijayan vs The Kerala State Co-Operative ...
2022 Latest Caselaw 3250 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. 9107 OF 2022
PETITIONERS:

    1     THANKAMMA VIJAYAN
          AGED 65 YEARS
          W/O. VIJAYAN, VENGATTU HOUSE, VALIYAKANDAM, KATTAPPANA
          P.O, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685515.
    2     VIJAYAN
          AGED 69 YEARS
          S/O. AYYAPPAN, VENGATTU HOUSE, VALIYAKANDAM, KATTAPPANA
          P.O, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685515.
    3     JINS VIJAYAN
          AGED 41 YEARS
          S/O. VIJAYAN, VENGATTU HOUSE, VALIYAKANDAM, KATTAPPANA
          P.O, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685515.
    4     RINS VIJAYAN
          AGED 36 YEARS
          VENGATTU HOUSE, VALIYAKANDAM, KATTAPPANA P.O,
          UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685515.
          BY ADVS.
          SUNIL KUMAR A.G
          STEPHY K REGI


RESPONDENTS:

    1     THE KERALA STATE CO-OPERATIVE BANK LTD.
          (KERALA BANK), REPRESENTED BY ITS MANAGING DIRECTOR &
          CHIEF EXECUTIVE OFFICER, COBANK TOWERS, PALAYAM,
          THIRUVANANTHAPURAM - 695033.
    2     THE AUTHORISED OFFICER & AREA MANAGER
          THE KERALA STATE CO-OPERATIVE BANK LTD, (KERALA BANK),
          KATTAPPANA MAIN BRANCH, KATTAPPANA P.O, IDUKKI TALUK &
          IDUKKI DISTRICT - 685508.
    3     THE KERALA STATE CO-OPERATIVE BANK LTD
          (KERALA BANK), KATTAPPANA MAIN BRANCH, REPRESENTED BY
          ITS SENIOR MANAGER, KATTAPPANA P.O, IDUKKI TALUK &
          IDUKKI DISTRICT - 685508.
OTHER PRESENT:

          SC-SRI.GILBERT GEORGE CORREYA
 WP(C) NO. 9107 OF 2022
                                2

     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. 9107 OF 2022
                                -:3:-



                 BECHU KURIAN THOMAS, J.
             -----------------------------------------
                  W.P.(C) No. 9107 of 2022
             ----------------------------------------
            Dated this the 18th day of March, 2022


                          JUDGMENT

Petitioners as borrowers from the respondent bank,

have committed default in repayment. Consequently,

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 total

outstanding amount in instalments.

3. It was submitted on behalf of the respondent bank

that the petitioners committed default in repayment and the

total outstanding amount is Rs.8,52,250/-. It was further

submitted that though proceedings for recovery have been

initiated, as a matter of indulgence, the respondent bank is WP(C) NO. 9107 OF 2022

willing to accept repayment of the total outstanding amount

in limited instalments.

4. I have heard Sri.A.G.Sunil Kumar, the learned

counsel for the petitioners as well as Sri.Gilbert George

Correya, 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

petitioners can be granted an opportunity to repay the total

outstanding amount in '10' instalments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the total

outstanding amount of Rs.8,52,250/- along with bank

charges from the petitioners on the following conditions:

(i) The total outstanding amount of Rs.8,52,250/-

shall be repaid in '10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 18/04/2022.

WP(C) NO. 9107 OF 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 petitioners to repay the entire amounts, all coercive proceedings against the petitioners shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 9107 OF 2022

APPENDIX OF WP(C) 9107/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF NOTICE DATED 10.01.2020 ISSUED BY 2ND RESPONDENT U/S. 13(2) OF SARFAESI ACT 2002.

Exhibit P2 TRUE COPY OF ORDER DATED 06.10.2021 IN M.C NO. 145 OF 2021 OF CHIEF JUDICIAL MAGISTRATE'S COURT, THODUPUZHA.

DATED 06.08.2012 ISSUED BY RESERVE BANK OF INDIA.

Exhibit P4 TRUE COPY OF AFFIDAVIT DATED 06.10.2021 ACCOMPANYING M.C. NO. 145 OF 2021 OF CHIEF JUDICIAL MAGISTRATE'S COURT.

RESPONDENT'S EXHIBITS : NIL