Kerala High Court
Nadeera A vs The Authorized Officer on 24 March, 2022
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. 10172 OF 2022
PETITIONER:
NADEERA A.
AGED 43 YEARS
W/O. ABDUL RASHEED, THUNDUVILA VEEDU, ADICHANALLOOR,
ADICHANALLOOR P.O, KOLLAM DISTRICT - 691573.
BY ADVS.
R.RAJESH (VARKALA)
M.KIRANLAL
MANU RAMACHANDRAN
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM
RESPONDENTS:
1 THE AUTHORIZED OFFICER
UNDER SECURITIZATION ACT, THE QUILON CO-OPERATIVE URBAN
BANK LTD, NO. 960, HEAD OFFICE, YMCA ROAD, KOLLAM,
KOLLAM DISTRICT - 691001.
2 THE BRANCH MANAGER
THE QUILON CO-OPERATIVE URBAN BANK LTD, MUNDAKKAL
BRANCH, MUNDAKKAL P.O, KOLLAM DISTRICT - 691010.
OTHER PRESENT:
D.P.RENU 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:
WP(C) NO. 10172 OF 2022
-:2:-
BECHU KURIAN THOMAS, J.
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W.P.(C) No. 10172 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
overdue amount in instalments and to obtain regularisation
of the loan account.
3. It was submitted on behalf of the respondent bank
that the petitioner committed default in repayment and the
overdue amount is Rs.2,64,560/-. 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. 10172 OF 2022
accept repayment of the overdue amount in limited
instalments and regularise the loan account.
4. I have heard Sri.R.Rajesh, the learned counsel for
the petitioner as well as Smt.D.P.Renu, 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
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.2,64,560/- along with bank charges from the
petitioner and regularise the loan account of the petitioner
on the following conditions:
(i) The overdue amount of Rs.2,64,560/- shall be
repaid in '10' equated monthly instalments.
WP(C) NO. 10172 OF 2022
(ii) The first instalment shall be paid on or before
22/4/2022 and the remaining instalments shall
be paid on or before 22nd of every succeeding
month.
(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
against the petitioner shall be kept in
abeyance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(C) NO. 10172 OF 2022
APPENDIX OF WP(C) 10172/2022
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF
THE PASSPORT OF THE PETITIONER HUSBAND.
Exhibit P2 A TRUE COPY OF THE NOTICE AFFIXED ON THE
DOOR OF THE PETITIONER.
Exhibit P3 THE TRUE COPY OF THE SALE DEED IN FAVOUR
OF THE PETITIONER DATED 15.07.2011.
RESPONDENT'S EXHIBITS : NIL
AJM //TRUE COPY// PA TO JUDGE
