Kerala High Court
Anilkumar P K vs Kerala Gramin Bank on 24 March, 2022
WP(C) NO. 10066 OF 2022
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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. 10066 OF 2022
PETITIONER/S:
ANILKUMAR P K
AGED 55 YEARS
S/O.APPUTTY, MURINGATU HOUSE, AZHINJILLAM, VAZHAYOOR EAST
POST,
MALAPPURAM-673633.
BY ADVS.
K.M.JAMALUDHEEN
LATHA PRABHAKARAN
RESPONDENT/S:
1 KERALA GRAMIN BANK
HEAD OFFICE, MALAPPURAM-676505,REPRESENTED BY ITS CHIEF
GENERAL MANAGER.
2 THE AUTHORIZED OFFICER,
THE KERALA GRAMIN BANK, HEAD OFFICE, MALAPPURAM-676505.
3 THE BRANCH MANAGER
KERALA GRAMIN BANK, AZHINJILLAM BRANCH,
AZHINJILLAM.P.O, MALAPPURAM-673622.
OTHER PRESENT:
M. GOPIKRISHNAN NAMBIAR STANDING COUNSEL 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. 10066 OF 2022
2
BECHU KURIAN THOMAS, J.
========================
W.P.(C)No.10066 of 2022
------------------------------------------------
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 the 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.2,23,284/- from two housing loan accounts. 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 overdue amount in limited instalments and
regularise the loan account.
4. I have heard Sri.Latha Prabhakaran, the learned counsel
for the petitioner as well as Sri.Gopikrishnan Nambiar, learned
Standing Counsel for the respondents.
WP(C) NO. 10066 OF 2022
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.2,23,284/- along with bank charges from the petitioner and to
regularise the loan account of the petitioner on the following
conditions:
(i). The overdue amount of Rs.2,23,284/- shall be repaid in '10'
equated monthly instalments.
(ii). The first instalment shall be paid on or before 24.04.2022 and
the remaining instalments shall be paid on or before the 24 th of
the succeeding months.
(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,
WP(C) NO. 10066 OF 2022
all coercive proceedings against the petitioner shall be kept in
abeyance.
The writ petition is disposed of as above.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 10066 OF 2022
APPENDIX OF WP(C) 10066/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE 1ST PAGE OF THE PASS BOOK OF
THE PETITIONER
Exhibit P2 TRUE COPY OF THE 1ST PAGE OF THE PASSBOOK OF
THE PETITIONER
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF MEDICAL
RECORDS ALONG WITH TYPEWRITTEN COPY
Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD
RESPONDENT DATED 17-12-2021
Exhibit P5 TRUE COPY OF THE POSSESSION TAKE-OVER NOTICE
ISSUED BY THE 2ND RESPONDENT DATED 5-3-2022.
