Kerala High Court
Joseph M.X vs Authorised Officer on 22 March, 2022
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. 9643 OF 2022
PETITIONERS:
1 JOSEPH M.X.
AGED 60 YEARS
S/O.XAVIER, RESIDING AT MANKUZHIYIL HOUSE,
KANTHANPARA, RIPPON.P.O,
MEPPADI,WAYANAD DISTRICT-673577.
2 VALSAMMA.T.V,
AGED 56 YEARS
W/O.JOSEPH.M.X, RESIDING AT MANKUZHIYIL HOUSE,
KANTHANPARA, RIPPON.P.O,
MEPPADI, WAYANAD DISTRICT-673577.
BY ADVS.
C.SIVADAS
T.D.SUSMITH KUMAR
RESPONDENTS:
1 AUTHORISED OFFICER
STATE BANK OF INDIA, ASSET RECOVERY MANAGEMENT BRANCH,
R.S.BUILDING, MAHATMA GANDHI ROAD, ERNAKULAM, KOCHI-
682011.
2 THE STATE BANK OF INDIA,
(ERSTWHILE STATE BANK OF TRAVANCORE),KOTTAPADY BRANCH,
OOTY ROAD,
MEPPADI, WAYANAD DISTRICT-673577, REPRESENTED BY ITS
BRANCH MANAGER.
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. 9643 OF 2022
-:2:-
BECHU KURIAN THOMAS, J.
-----------------------------------------
W.P.(C) No. 9643 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 total
outstanding amount in instalments.
3. It was submitted on behalf of the respondent bank
that petitioners committed default in repayment and the
total outstanding amount is Rs.28,83,117/-. It was further
submitted that though proceedings for recovery have been
initiated, as a matter of indulgence, the respondent bank is
WP(C) NO. 9643 OF 2022
willing to accept repayment of the total outstanding amount
in limited instalments.
4. I have heard Sri.C.Sivadas, the learned counsel for
the petitioners as well as Sri.S.Easwaran, 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 '12' instalments.
6. Accordingly, there will be a direction to the
respondent bank to accept repayment of the total
outstanding amount of Rs.28,83,117/- along with bank
charges from the petitioners on the following conditions:
(i) The total outstanding amount of Rs.28,83,117/-
shall be repaid in '12' equated monthly
instalments.
(ii) The first instalment shall be paid on or before
22/04/2022 and the remaining instalments shall
WP(C) NO. 9643 OF 2022
be paid on or before the 22nd of every
succeeding month.
(iv) In the event of default of any one instalment,
the respondent bank shall be entitled to
proceed in accordance with law including with
the original application before the Tribunal .
(v) In order to enable the petitioners to repay the
entire amounts, all coercive proceedings
including the original application filed before
the Debts Recovery Tribunal under the
recovery of debts due to Bankruptcy Act, 2002
shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
22/03/22
WP(C) NO. 9643 OF 2022
APPENDIX OF WP(C) 9643/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE DISCHARGE SUMMARY DATED
22-10-2017 OF 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED
16-12-2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE DATED
05.03.2022 ISSUED BY THE LD.ADVOCATE
COMMISSIONER IN C.M.P.NO.292/2022.
RESPONDENT'S EXHIBITS : NIL
AJM //TRUE COPY// PA TO JUDGE
