Anas A vs Area Manager, Kerala Bank
2022 Latest Caselaw 5275 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
                     WP(C) NO. 11200 OF 2022
PETITIONER:

            ANAS A.
            AGED 44 YEARS, S/O.ABDUL RAHMAN,
            EDAYALA VEETTIL HOUSE, MUZHANGODI, THODIYOOR P.O.,
            KALLELIBHAGOM VILLAGE, KARUNGAPPALLY TALUK, K
            OLLAM DISTRICT, PIN - 690 519.
            BY ADV K.V.ANIL KUMAR


RESPONDENTS:

      1     AREA MANAGER, KERALA BANK
            (KERALA STATE CO-OPERATIVE BANK), KARUNGAPPALLY,
            KOLLAM DISTRICT, PIN - 690 518.

      2     THE BRANCH MANAGER
            KERALA BANK, (KERALA STATE CO-OPERATIVE BANK),
            KARUNGAPPALLY BRANCH, KOLLAM DISTRICT,
            PIN - 690 518.


OTHER PRESENT:

            SRI.P.C. SASIDHARAN, STANDING COUNSEL
            ADV JOBY JOSEPH-GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.05.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.11200/2022

                                        -:2:-




                       Dated this the 17th day of May, 2022

                                   JUDGMENT

Petitioner as borrower of 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 interest in instalments for continuing the credit

facility.

3. It was submitted on behalf of the respondent bank

that the petitioner committed default in repayment and the

overdue interest is Rs.10,53,088/-. 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 to permit the petitioner to continue the

credit facility.

4. I have heard Adv.K.V. Anil Kumar, learned counsel

for the petitioner as well as Adv.P.C. Sasidharan, the W.P.(C)No.11200/2022

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 interest in 10 instalments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire overdue

interest of Rs.10,53,088/- along with bank charges from the

petitioner and allow the petitioner to continue the credit

facility on the following conditions:

(i) The petitioner shall deposit Rs.2,00,000/- on or before 17th June, 2022.

(ii) The remaining amounts i.e. Rs.8,53,088/- along with bank charges shall be repaid in 9 equated monthly instalments.

(iii) Each of the said instalments shall become payable on or before 17th day of subsequent months.

(iv) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law for realizing the entire W.P.(C)No.11200/2022

amount by cancelling the credit facility.

(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/-

ZIYAD RAHMAN A. A., JUDGE Skk/17.5.22 W.P.(C)No.11200/2022

APPENDIX OF WP(C) 11200/2022

PETITIONER'S EXHIBITS:-

Exhibit P1 A TRUE COPY OF THE DISCHARGE SUMMARY GIVEN BY DR.RAMESH H., LAKESHORE HOSPITAL & RESEARCH CENTRE LTD., ERNAKULAM DATED 08/07/2019.

Exhibit P2 A TRUE COPY OF THE DISCHARGE SUMMARY GIVEN BY DR.RAMESH H., LAKESHORE HOSPITAL & RESEARCH CENTRE LTD.

ERNAKULAM DATED 07/11/2019.

Exhibit P3 A TRUE COPY OF THE NOTICE DATED 14/02/2022 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:- NIL