M.V.Thomas vs Union Bank Of India
2022 Latest Caselaw 5098 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
       FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                       WP(C) NO. 15362 OF 2022
PETITIONERS:

          M.V.THOMAS
          MADAVANA HOUSE
          PULIYANAM P O
          ANGAMALYPIN - 683 572
          BY ADV V.BEENA


RESPONDENTS:

1         UNION BANK OF INDIA
          REPRESENTED BY THE MANAGER
          ANGAMALY BRANCH
          V/256, NATIONAL HIGHWAY
          P B NO.20, ANGAMALY,
          ERNAKULAM DISTRICT, KERALA
2         AUTHORISED OFFICER
          UNION BANK OF INDIA
          V/256, NATIONAL HIGHWAY
          P.B.NO.20, ANGAMALY
          ERNAKULAM DISTRICT
          KERALA
          A.S.P.KURUP, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15362 OF 2022
                               2

                          JUDGMENT

Petitioner has approached this Court challenging

recovery proceedings initiated by the respondent Bank to

recover amount due under a house loan.

2. When the matter is taken up for consideration, the

learned Standing Counsel for the respondent Bank submits

that the overdue amount is Rs.8,00,000/- (Rupees eight

lakhs only) and that the petitioner can be granted a

reasonable opportunity to clear off the same.

3. Though the learned counsel for the petitioner

submits that at least 15 monthly installments may be

granted, this is vehemently opposed by the Standing

Counsel for the respondent Bank.

Having regard to the facts and circumstances of the

case and considering the fact that the petitioner's liability is

in respect of a housing loan, I am of the view that the

petitioner can be granted ten monthly installments to clear

off the overdue amount of Rs.8 lakhs together with any WP(C) NO. 15362 OF 2022

interest accrued thereon. The petitioner shall also pay the

regular EMIs on the loan during the said period. The writ

petition will stand disposed of directing that if the petitioner

remits the entire overdue in ten equal monthly installments,

first of the which shall be paid on or before 01.06.2022 and

the balance before the first day of every succeeding month

along with the interest accrued thereon and also the regular

EMIs payable on the loan, recovery proceedings shall be kept

in abeyance. It is made clear that the in event of default, it

is open to the respondent Bank to proceed against the

petitioner.

The writ petition stands disposed of as above.

Sd/-

GOPINATH P.

JUDGE

nkr WP(C) NO. 15362 OF 2022

APPENDIX OF WP(C) 15362/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF SEC.13(4) POSSESSION NOTICE ISSUED BY BANK DATED 08.03.2022 UNDER SECURITIZATION ACT.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE ACCOUNT STATEMENT OF THE PETITIONER