Balan C.K vs Kerala Gramin Bank
2022 Latest Caselaw 3434 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                        WP(C) NO. 9652 OF 2022
PETITIONERS:

    1     BALAN C.K.,
          AGED 68 YEARS
          S/O.KURUBAN, CHENCHERY HOUSE, WEST KORATTY DESAM,
          KALLUR THEKKUMMURI VILLAGE, CHALAKUDY TALUK, THRISSUR
          DISTRICT-680 308.
    2     SHAIJU.C.B.,
          AGED 42 YEARS
          S/O.BALAN.C.K., CHENCHERY HOUSE, WEST KORATTY DESAM,
          KALLUR THEKKUMMURI VILLAGE, CHALAKUDY TALUK, THRISSUR
          DISTRICT-680 308.
          BY ADVS.
          FRANCO T.J.
          G.SANTHOSH KUMAR (P).


RESPONDENTS:

    1     KERALA GRAMIN BANK,
          REGISTERED HEAD OFFICE AT KGB TOWERS, A.K.ROAD, UPHILL,
          PB NO.10, MALAPPURAM DISTRICT, PIN-676 505, REPRESENTED
          BY ITS CHAIRMAN.
    2     THE CHAIRMAN, KERALA GRAMIN BANK,
          HEAD OFFICE AT KGB TOWERS, A.K.ROAD, UPHILL, PB NO.10,
          MALAPURAM DISTRICT, PIN-676 505.
    3     THE MANAGER, KERALA GRAMIN BANK,
          ANNAMANADA BRANCH, ANNAMANADA ROYAL PLAZA, OPP.GOVT. UP
          SCHOOL, P.O.ANNAMANADA, THRISSUR DISTRICT, PIN-680 741.
    4     THE AUTHORISED OFFICER, KERALA GRAMIN BANK,
          REGIONAL OFFICE, SUN TOWER, EAST FORT P.O., THRISSUR,
          PIN-680 05
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9652 OF 2022
                                -:2:-



                 BECHU KURIAN THOMAS, J.
             -----------------------------------------
                  W.P.(C) No. 9652 of 2022
             ----------------------------------------
            Dated this the 22nd 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

overdue amount in instalments and to obtain regularisation

of the loan account.

3. It was submitted on behalf of the respondent bank

that the petitioners committed default in repayment and the

overdue amount is Rs.3,07,632/-. It was further submitted

that though proceedings for recovery have been initiated, as

a matter of indulgence, the respondent bank is willing to WP(C) NO. 9652 OF 2022

accept repayment of the overdue amount in limited

instalments and regularise the loan account.

4. I have heard Sri.Franco.T.J, the learned counsel for

the petitioners as well as Sri.Gopikrishnan Nambiar, 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

overdue amount in '10' 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.3,07,632/- along with bank charges from the

petitioners and regularise the loan account of the petitioners

on the following conditions:

(i) The overdue amount of Rs.3,07,632/- shall be repaid in '10' equated monthly instalments. WP(C) NO. 9652 OF 2022

(ii) The first instalment shall be paid on or before 22/04/2022 and the remaining instalments shall be paid on or before 22nd of the succeeding months.

(iii) Petitioners 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 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 22/03/2022 WP(C) NO. 9652 OF 2022

APPENDIX OF WP(C) 9652/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE PASSBOOK ISSUED BY THE 3RD PETITIONER TO THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.MANU MATHEW, ASSISTANT SURGEON., KUZHUR PHC ON 12.03.2022.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 12.10.2021 ISSUED TO THE 1ST PETITIONER.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 12.10.2021 ISSUED TO THE 2ND PETITIONER.

Exhibit P5 TRUE COPY OF THE POSSESSION NOTICE DATED 21.12.2021 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS : NIL


AJM                      //TRUE COPY//          PA TO JUDGE