Hima.N.S vs The Authorized Officer, The ...
2022 Latest Caselaw 5448 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. 1558 OF 2022
PETITIONER :

            HIMA.N.S.,
            AGED 34 YEARS,
            D/O.SANKARANKUTTY, NJAREKKATTIL HOUSE,
            ANANTHADAM, MANAKKULANGARA P.O.,
            THRISSUR - 680 684.

            BY ADVS.
            C.A.CHACKO
            C.M.CHARISMA
            ALEKH THOMAS



RESPONDENTS :

    1       THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE
            BANK LTD., KODAKARA BRANCH, VELLIKULAM ROAD,
            KODAKARA P.O., THRISSUR - 680 684.

    2       THE BRANCH MAANGER, THRISSUR DISTRICT CO-OPERATIVE
            BANK, KODAKARA, TOWN PLAZA BUILDING,
            VELLIKULANGARA ROAD, THRISSUR - 680 686.


            BY SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT
            CO.OPERATIVE BANK LTD.



     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. 1558 OF 2022
                                  2




                    BECHU KURIAN THOMAS, J.
                    =-=-=-=-=-=-=-=-=-=-=-=
                     W.P.(C).No.1558 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 overdue amount in

instalments and to obtain regularisation of the loan account.

3. It was submitted on behalf of the respondent bank

that the petitioner committed default in repayment and the overdue

amount is Rs.5,30,483/-. 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 regularise the loan

account.

4. I have heard Sri.C.A.Chacko, learned counsel for the

petitioner as well as Sri.P.C.Sasidharan, the learned Standing WP(C) NO. 1558 OF 2022

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 amount in '12' instalments and

thereafter, if the amount so directed is repaid within the time as

directed above, to have the loan account regularised.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire overdue amount

of Rs.5,30,483/- along with bank charges from the petitioner and

regularise the loan account of the petitioner on the following

conditions:

i. The overdue amount of Rs.5,30,483/- shall be repaid in '12' equated monthly instalments.

ii. The first instalment shall be paid on or before 24.06.2022 and the remaining instalments shall be paid on or before the 24th day of the succeeding months. iii. Petitioner shall continue to pay the regular EMI's along with the instalments directed above. iv. In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

WP(C) NO. 1558 OF 2022

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/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 1558 OF 2022

APPENDIX OF WP(C) 1558/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF STATEMENT OF ACCOUNT OF THE PETITIONER ISSUED FORM THRISUSR DISTRICT CO-OPERATIVE BANK.

Exhibit P2 TRUE COPY OF NOTICE UNDER SECTION 13(2) ISSUED BY THE 1ST RESPONDENT.