Lucy P.T vs Kerala Gramin Bank
2022 Latest Caselaw 10372 Ker

              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. 27546 OF 2022
PETITIONER:

             LUCY P.T.
             AGED 54 YEARS
             W/O. JOHN K.P., KADACHAMKOTTIL HOUSE, VELLARAKULAM,
             PAZHAYANNUR P.O., THRISSUR., PIN - 680587
             BY ADV RAMESH .P


RESPONDENTS:

     1       KERALA GRAMIN BANK
             VADAKKETHARA BRANCH, VADAKKETHARA POST, THRISSUR,
             REP. BY THE BRANCH MANAGER, PIN - 680587
     2       THE AUTHORIZED OFFICER
             KERALA GRAMIN BANK, REGIONAL OFFICE, 3RD FLOOR, SUN
             TOWER, THRISSUR EAST FORT P.O., THRISSUR., PIN -
             680005
             BY ADV MENON AND PAI


OTHER PRESENT:

             SC,SRI.M. GOPIKRISHNAN NAMBIAR


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.10.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No. 27546 of 2022          2




                BECHU KURIAN THOMAS, J.
              ===========================
                 W.P.(C) No. 27546 of 2022
              ============================
                  Dated this the 7h day of October, 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 installments and to obtain regularisation of the loan

account.

3. It was submitted on behalf of the respondent bank

that petitioner had committed default in repayment and the

overdue amount is Rs.2,06,042/- under three loan accounts. 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 installments and regularise the loan account.

4. I have heard learned counsel for the petitioner as well

as learned 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 overdue amount in eight

installments 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.2,06,042/- along with bank charges from the

petitioner and regularise the loan account of the petitioner on

the following conditions:

(a) The overdue amount of Rs.2,06,042/- shall be repaid in twelve equated monthly installments.

(b) The first installment shall be paid on or before 7.11.2022 and the remaining installments shall be paid on or before the 7 th day of the succeeding months.

(c) Petitioner shall continue to pay the regular EMI's along with the installments directed above.

(d) In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with law.

(e) 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 jka/07.10.22