Abhilash A.K vs Union Bank Of India
2022 Latest Caselaw 4983 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
 WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                     WP(C) NO. 14517 OF 2022
PETITIONER :

            ABHILASH A.K.,
            AGED 37 YEARS
            S/O.A.P.KOMALAN, ANIKKATTUPARAMBIL,
            CHAMAMPATHAL P.O., VAZHOOR-686 517.

            BY ADV E.V.MOLY.



RESPONDENT    :

            UNION BANK OF INDIA,
            REGIONAL OFFICE, KOTTAYAM, 3RD FLOOR,
            AMALA TOWERS, ADICHIRA JUNCTION,
            KOTTAYAM-686 630, REPRESENTED BY ITS
            AUTHORIZED OFFICER.



            SRI. A S P KURUP (SC)




     THIS     WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   04.05.2022,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.14517 of 2022                     -2-

                               GOPINATH.P, J
                   ----------------------------------------------
                         WP(C) No.14517 of 2022
                    ----------------------------------------------
                  Dated this the 4th day of May, 2022

                              JUDGMENT

The petitioner faces recovery proceedings in respect of a housing

loan availed by him.

2. The learned Standing counsel for the respondent bank very fairly

submits that as of the date the defaulted amount comes to Rs.1,60,000/-. It is

submitted that if the petitioner is willing to clear off the outstanding amount

in six monthly equal installments together with regular EMIs , the recovery

proceedings can be kept in abeyance.

3. Having regard to the facts and circumstances of the case and

considering the fact that the petitioner had availed a loan for a residential

house, I am of the opinion that the petitioner can be granted 8 monthly

installments to clear off the overdue amount.

The first installment shall be paid on or before 01-06-2022.

Subsequent installments shall be paid on or before the first working day of

the succeeding months. Any accrued interest on the defaulted installments

shall also be paid. The petitioner shall also pay the regular EMIs on the loan

without fail. Subject to compliance with the above conditions, the recovery

proceedings initiated against the petitioner shall be kept in abeyance.

Sd/-

GOPINATH P.

                                                                 JUDGE
amk



                     APPENDIX OF WP(C) 14517/2022



PETITIONER'S EXHIBITS      :

Exhibit P1         THE TRUE COPY OF THE DEMAND NOTICE RECEIVED BY
                   THE PETITIONER DATED 25.11.2021.

Exhibit P2         THE TRUE COPY OF THE POSSESSION NOTICE DATED

23.02.2022 RECEIVED BY THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE SALE NOTICE DATED 19.03.2022 RECEIVED BY THE PETITIONER.

RESPONDENT'S EXHIBITS          :   NIL