Joseph K A vs State Bank Of India
2022 Latest Caselaw 10368 Ker

WP(C) NO. 30569 OF 2022
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                           WP(C) NO. 30569 OF 2022
PETITIONER/S:

     1      JOSEPH K A
            AGED 59 YEARS
            KULAPPURATH HOUSE, PAISAKKARY P.O., PAYYAVUR, KANNUR
            DISTRICT, PIN - 670633
     2      MANOJ K.A.
            AGED 43 YEARS
            PROPRIETOR, M/S. MULTITECH CARE, X/137, M, N, JAS COMPLEX,
            NEAR CO-OPERATIVE HOSPITAL, MANNA, TALIPARAMABA, KANNUR
            DISTRICT, PIN - 670041
            BY ADV P.T.ABHILASH


RESPONDENT/S:

     1      STATE BANK OF INDIA
            CHEIF MANAGER, STRESSED ASSSETS RECOVERY BRANCH, 7TH FLOOR,
            VANKARATH TOWERS, PALARIVATTOM, ERNAKULAM, PIN - 682024
     2      REGIONAL MANAGER
            STATE BANK OF INDIA, RASMECC(RETAIL ASSETS SMALL & MEDIUM
            ENTERPRISES CITY CREDIT CENTRE), M.G. ROAD, KANNUR, PIN -
            670001
     3      BRANCH MANAGER
            TALIPARAMABA BRANCH, TALIPARAMABA P.O., KANNUR DISTRICT,
            PIN - 670140

            SC SRI.JITHESH MENON
     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30569 OF 2022
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                             BECHU KURIAN THOMAS, J.
                    ===========================
                              W.P.(C) No.30569 of 2022
                   --------------------------------------------------------
                       Dated this the 7th day of October, 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 hearing, petitioners confined the relief to an

opportunity for repaying the outstanding amount in instalments.

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

committed default in repayment and the outstanding amount is

Rs.16,43,508/-. 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.P.T.Abhilash, learned counsel for the petitioners

as well as Sri.jithesh Menon, learned 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 petitioners 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.16,43,508/- along

with bank charges from the petitioners on the following conditions:

i) The outstanding amount of Rs.16,43,508/- shall be repaid in 10 WP(C) NO. 30569 OF 2022

equated monthly instalments.

ii) The first instalment shall be paid on or before 07.11.2022 and

the remaining instalments shall be paid on or before the 7 th

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 petitioners 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 jm/ WP(C) NO. 30569 OF 2022

APPENDIX OF WP(C) 30569/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTICE DATED 23.10.2017 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 1ST PETITIONER Exhibit-P2 TRUE COPY OF THE NOTICE DATED 23.10.2017 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 2ND PETITIONER Exhibit-P3 TRUE COPY OF THE POSSESSION NOTICE DATED 08.02.2018 ISSUED BY THE 2ND RESPONDENT Exhibit-P4 TRUE COPY OF THE COMPROMISE LETTER DATED 20.08.2018 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT Exhibit-P5 TRUE COPY OF THE NOTICE DATED 12.08.2022 ISSUED BY THE 1ST RESPONDENT Exhibit- P6 TRUE COPY OF THE REPRESENTATION DATED 26.09.2022 SUBMITTED BY THE PETITIONERS BEFORE