Radhesh M.G vs The Authorised Officer
2022 Latest Caselaw 5657 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 17233 OF 2022
PETITIONER :

          RADHESH M.G,
          AGED 52 YEARS,
          S/O.LATE GOPINATHAN NAIR,
          KANNANORE KOLICKAL DEVI SADANAM,
          TRIPERUMTHURA, CHENNITHALA SOUTH MAVELIKARA,
          ALAPPUZHA - 690 105

          BY ADV M.R.SARIN



RESPONDENT :

          THE AUTHORISED OFFICER, CANARA BANK REGIONAL OFFICE
          ALAPPUZHA, GROUND FLOOR, BSNL BUILDING,
          NEAR IRON BRIDGE, ALAPPUZHA - 688 011


          BY SRI.V.B.HARINARAYAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17233 OF 2022
                                        2




                      BECHU KURIAN THOMAS, J.
                      =-=-=-=-=-=-=-=-=-=-=-=
                      W.P.(C).No.17233 of 2022
                     =-=-=-=-=-=-=-=-=-=-=-=-=
                  Dated this the 27th 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 outstanding amount in instalments.

3. It was submitted on behalf of the respondent bank that the

petitioner committed default in repayment and the outstanding amount due

under four loan accounts is Rs.28,96,186/-. 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.

4. I have heard Sri.M.R.Sarin Panicker, learned counsel for the

petitioner as well as Sri.V.B.Hari Narayan, 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, WP(C) NO. 17233 OF 2022

I am of the view that the petitioner can be granted an opportunity to repay the

outstanding amount in '10' instalments.

6. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of Rs.28,96,186/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.28,96,186/- shall be repaid in '10' equated monthly instalments.

(ii) The first instalment shall be paid on or before 26.06.2022 and the remaining instalments shall be paid on or before the 26th day of the succeeding months.

(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/-

BECHU KURIAN THOMAS JUDGE RKM WP(C) NO. 17233 OF 2022

APPENDIX

PETITIONER'S EXHIBITS :

P1 : COPY OF THE POSSESSION NOTICE ISSUED TO THE PETITIONER BY RESPONDENT ON 17.05.2022.