Filo John vs The South Indian Bank Ltd
2022 Latest Caselaw 5291 Ker

W.P.C.No.16108/2022                1


              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. 16108 OF 2022
PETITIONER:

            FILO JOHN
            AGED 60 YEARS
            KALANGARA HOUSE, PALLIPORT P.O, ERNAKULAM - 683515.

            BY ADV S.MUMTAZ



RESPONDENT:

            THE SOUTH INDIAN BANK LTD.
            REGIONAL OFFICE, TMJ COMPLEX, 2ND FLOOR, M.C. ROAD,
            RAMANCHIRA, MUTHOOR P.O, THIRUVALLA - 689 107,
            REPRESENTED BY THE AUTHORIZED OFFICER.


      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.16108/2022                     2


                                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. During

the course of the hearing, petitioner has confined the relief to an

opportunity for repaying the outstanding amount in instalments.

2. It was submitted on behalf of the respondent-Bank that

the petitioner committed default in repayment and the outstanding

amount is Rs.4,19,85,831.57 (Rupees four crores nineteen lakhs

eighty five thousand eight hundred and thirty one and fifty seven

paise). 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 outstanding

amount in limited instalments.

3. I have heard Adv.Mumtaz Shumsuddin, learned counsel

for the petitioner as well as Adv.Sunil Shanker, the learned

Standing Counsel for the respondent.

4. 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 outstanding amount in '10' instalments.

Accordingly, there will be a direction to the respondent-Bank

to accept repayment of the entire outstanding amount of

Rs.4,19,85,831.57 (Rupees four crores nineteen lakhs eighty five

thousand eight hundred and thirty one and fifty seven paise) along

with bank charges from the petitioner on the following conditions:

(i). The outstanding amount of Rs.4,19,85,831.57 shall

be repaid in '10' equated monthly instalments.

(ii). The first instalment shall be paid on or before

01.06.2022.

(iii). In the event of default of any one instalment, the

respondent-Bank shall be entitled to proceed in

accordance with law.

(iv) 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 DG/17.5.22

APPENDIX OF WP(C) 16108/2022

PETITIONER EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTICE OF POSSESSION ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 02.09.2022.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 30.04.2022 ISSUED BY THE RESPONDENT TO THE RESPONDENT TO THE PETITIONER.

Exhibit P3 REQUEST LETTER DATED 12.05.2022 GIVEN BY THE PETITIONER TO THE RESPONDENT.