Salim A vs The Authorised Officer
2022 Latest Caselaw 3670 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. 10012 OF 2022
PETITIONER:

            SALIM A.,
            S/O.ABDUL MAJEED,
            AGED 65,
            NIZA MANZIL, THOTTAKADU,
            CHIRAYINKEEZH,
            THIRUVANANTHAPURAM 695 104


            BY ADV LIJU. M.P


RESPONDENTS:

    1       THE AUTHORISED OFFICER,
            THE STATE CO-OPERATIVE BANK LTD.1761,
            EAST FORT, THIRUVANANTHAPURAM 695 001


    2       THE STATE CO-OPERATIVE BANK LTD 1761,
            ATTINGAL M & E BRANCH, THIRUVANANTHAPURAM,
            REP. BY ITS MANAGER 695 101


            BY ADV.ANIL K. NAIR, SC



     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.10012 of 2022

                                      2



                      BECHU KURIAN THOMAS, J.
                   ================
                       W.P.(C) No.10012 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 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.15,33,329/-. 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 Adv.Liju M.P., learned counsel for the petitioner

as well as Adv.Anil K. Nair, learned counsel for respondents. W.P.(C) No.10012 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 12 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.15,33,329/-

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.15,33,329/- shall be repaid in

'12' 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 24th day 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.

W.P.(C) No.10012 of 2022

(v) 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 nk W.P.(C) No.10012 of 2022

APPENDIX

EXHIBIT -P1 : TRUE COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT, DATED 01.12.2021 TO THE PETITIONER