Majid Ummer vs State Bank Of India Sbi
2022 Latest Caselaw 3603 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                        WP(C) NO. 10179 OF 2022
PETITIONER :

          UMMER K.C.,
          S/O.MOHAMMED, THAZHATHIL HOUSE,
          OZHUKUR P.O, MORAYUR,
          MALAPPURAM DISTRICT, PIN - 673642.

          BY ADVS.
          T.K.AJITH KUMAR
          AISWARYA RAMESAN



RESPONDENTS :

    1     STATE BANK OF INDIA,
          MONGAM BRANCH, MONGAM (PO), MALAPPURAM DISTRICT,
          PIN - 673642, REPRESENTED BY ITS BRANCH MANAGER.

    2     AUTHORISED OFFICER
          STATE BANK OF INDIA, A.R.M.B, ERNAKULAM, P.B.NO.
          4261, SBT BHAVAN, PANAMPALLY NAGAR,
          ERNAKULAM DISTRICT, PIN - 682036.

          BY SRI.JITHESH MENON, SC FOR BANK




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.10179 of 2022

                                          2

                      BECHU KURIAN THOMAS, J.
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                      W.P.(C) No.10179 of 2022
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                 Dated this the 24th 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 hearing, petitioner has 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

petitioner committed default in repayment and the total outstanding amount is

Rs.28,59,712/-. 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.T.K.Ajithkumar, the learned counsel for the

petitioner as well as Sri.Jithesh Menon, 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 petitioner can be granted an opportunity to repay the

outstanding amount in '16' instalments.

W.P.(C) No.10179 of 2022

6. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of Rs.28,59,712/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.28,59,712/- shall be repaid in '16' equated monthly instalments.

(ii) The first instalment shall be paid on or before 24.04.2022 and the remaining instalments shall be paid on the 24th day of the succeeding months.

(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 shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM W.P.(C) No.10179 of 2022

APPENDIX OF WP(C) 10179/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 14.01.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE REPLY NOTICE DATED 21.02.2022 ISSUED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT DATED 07.03.2022.