Santhosh vs Canara Bank
2022 Latest Caselaw 5690 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. 17198 OF 2022
PETITIONERS:

       1          SANTHOSH
                  S/O NATESAN, NAYANAM, TC.5/2320(1), UDAYAGIRI
                  COMPOUND, CHERUVAKKAL, SREEKARYAM, THIRUVANANTHAPURAM
                  PIN - 695 017.

       2          REKHA
                  W/O SANTHOSH, NAYANAM, TC.5/2320(1), UDAYAGIRI
                  COMPOUND, CHERUVAKKAL, SREEKARYAM, THIRUVANANTHAPURAM
                  P
                  IN-695 017

                  BY ADV K.V.GOPINATHAN NAIR



RESPONDENT:

                  CANARA BANK
                  BRANCH NO 2499, COSMOPOLITAN HOSPITAL,
                  THIRUVANANTHPAURAM-695 011, REPRESENTED BY ITS
                  MANAGER.



                  M.GOPIKRISHNAN NAMBIAR,SC




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. 17198 OF 2022

                                            2


                     BECHU KURIAN THOMAS, J
                     .......................................
                      W.P.(C) No.17198 of 2022
                      .....................................
                 Dated this the 27 th day of May, 2022

                                   JUDGMENT

Petitioners as borrowers from the respondent-Bank, have committed

default in repayment. Consequently, proceedings have been initiated

by the Bank for recovery of the amounts due.

2. During the course of the hearing, petitioners have confined their

relief to an opportunity for repaying the outstanding amount in

instalments.

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

petitioners committed default in repayment and the outstanding

amount is Rs.23,91,288/-. 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.K.V.Gopinathan Nair, the learned counsel for the

petitioners as well as Sri.M.Gopikrishnan Nambiar, the learned

Standing Counsel for 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 WP(C) NO. 17198 OF 2022

of the view that the petitioners can be granted an opportunity to

repay the outstanding amount in '15' instalments.

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

accept repayment of the entire outstanding amount of Rs.23,91,288/-

along with bank charges from the petitioners on the following

conditions:

(i). The outstanding amount of Rs.23,91,288 /- shall be

repaid in '15' equated monthly instalments.

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

27.06.2022 and the remaining instalments shall be paid on

or before the 27th day of every succeeding month.

(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 petitioners to repay the entire

amounts, all coercive proceedings against the petitioners

shall be kept in abeyance.

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/30/05//2022 WP(C) NO. 17198 OF 2022

APPENDIX OF WP(C) 17198/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE STATEMENT OF ACCOUNT

Exhibit P2 A TRUE COPY OF THE NOTICE UNDER SECTION 13(4)DATED 26.4.2022

Exhibit P3 A TRUE COPY OF THE RECEIPT OF THE PAYMENT OF RS 2 LAKHS ON 23.5.2022

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE