M.Abbas vs Indian Bank
2022 Latest Caselaw 5332 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                       WP(C) NO. 8152 OF 2022
PETITIONER:

          M.ABBAS
          AGED 54 YEARS
          S/O.MOHAMMED, CHEERANI (H), KOLLENGOD (PO), PALAKKAD -
          678 506.
          BY ADV S.MUMTAZ


RESPONDENT:

          INDIAN BANK
          REPRESENTED BY THE AUTHORIZED OFFICER, ZONAL OFFICE,
          62/1550, FLOOR B&C, RAM MEENA BUILDING, VALANJABALAM,
          ERNAKULAM - 682 016.
OTHER PRESENT:

          SC-S.EASWARAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8152 OF 2022
                                2

                 BECHU KURIAN THOMAS, J.
             -----------------------------------------
                  W.P.(C) No. 8152 of 2022
             ----------------------------------------
             Dated this the 20th day of May, 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 total outstanding

amount in instalments.

3. It was submitted on behalf of the respondent bank

that the petitioner committed default in repayment and the

total outstanding amount is Rs.31,33,000/-. 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 total outstanding amount

in limited instalments.

WP(C) NO. 8152 OF 2022

4. I have heard Smt.Mumtaz Shumsuddin, the learned

counsel for the petitioner as well as Sri.S.Easwaran, the

learned Standing Counsel for the respondent.

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 total outstanding

amount in '12' instalments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the total

outstanding amount of Rs.31,33,000/- along with bank

charges from the petitioner on the following conditions:

(i) The total outstanding amount of Rs.31,33,000/-

shall be repaid in '12' equated monthly instalments.

(ii) The first instalment shall be paid on or before 24/6/2022 and the remaining instalments shall be paid on or before 24th day of every succeeding month.

WP(C) NO. 8152 OF 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 against the petitioner shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 8152 OF 2022

APPENDIX OF WP(C) 8152/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF SALE NOTICE DATED 08/02/2022.

Exhibit P2 REQUEST LETTER DATED 09/02/2022 GIVEN BY THE PETITIONER TO THE RESPONDENT.

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE