Joseph Mathew vs Canara Bank
2022 Latest Caselaw 10941 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                      WP(C) NO. 33106 OF 2022
PETITIONER :

             JOSEPH MATHEW,
             AGED 50 YEARS, S/O.THOMAS MATHEW,
             ILLICKAL THYPARAMBIL HOUSE,
             VEZHAPRA.P.O., RAMANKARY,
             ALAPPUZHA DISTRICT, PIN - 689 595

             BY ADV PRINSUN PHILIP



RESPONDENT :

             CANARA BANK,
             CHANGANACHERRY BRANCH,
             CHANGANACHERRY. P.O., ALAPPUZHA DISTRICT,
             REP. BY ITS CHIEF MANAGER (AUTHORISED OFFICER),
             PIN - 686 101



           BY SRI.M.GOPIKRISHNAN NAMBIAR, SC




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.11.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 33106 OF 2022
                                         2


                     BECHU KURIAN THOMAS, J.
                     --------------------------------
                     W.P.(C).No.33106 of 2022
                    ---------------------------------
                Dated this the 3rd day of November, 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 is

Rs.42,69,648/-. 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.Prinsun Philip, the learned counsel for the petitioner

as well as Sri.M.Gopikrishnan Nambiar, 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

outstanding amount in '15' instalments. WP(C) NO. 33106 OF 2022

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

accept repayment of the entire outstanding amount of Rs.42,69,648/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.42,69,648/- shall be repaid in '15' equated monthly instalments.

(ii) The first instalment shall be paid on or before 03.12.2022 and the remaining instalments shall be paid on or before the 3rd 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.

BECHU KURIAN THOMAS JUDGE RKM WP(C) NO. 33106 OF 2022

APPENDIX OF WP(C) 33106/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE NOTICE DATED 10.02.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 14.06.2022 ISSUED BY THE AGRICULTURE OFFICER, ELAMPALLOOR

Exhibit3 TRUE COPY OF THE LETTER DATED 05.10.2022SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT