Ratheesh Joseph vs State Bank Of India
2022 Latest Caselaw 10634 Ker

WP(C) NO. 33274 OF 2022
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                           WP(C) NO. 33274 OF 2022
PETITIONER/S:

             RATHEESH JOSEPH
             AGED 45 YEARS
             S/O JOSEPH,
             PALAKKAL HOUSE, MUNDIVELIPADI,
             ATHIRAMPUZHA PO, KOTTAYAM DISTRICT
             , PIN - 686532
             BY ADVS.
             M.B.SHYNI
             V.R.ANILKUMAR
             RAJESH KUMAR R.
             RAMEES P.K.
             ERFANA PARAMBADAN
             SARAFUDHEEN T.


RESPONDENT/S:

     1       STATE BANK OF INDIA
             ATHIRAMPUZHA BRANCH,
             ATHIRAMPUZHA PO, KOTTAYAM DISTRICT,
             REPRESENTED BY ITS BRANCH MANAGER
             , PIN - 686532
     2       THE AUTHORISED OFFICER
             STATE BANK OF INDIA,
             RACPC, OPP.BCM COLLEGE, KK ROAD, KOTTAYAM
             , PIN - 686001
     3       ASSISTANT GENERAL MANAGER
             STATE BANK OF INDIA,
             STRESSED ASSETS RECOVERY BRANCH, RS BUILDING,
             2ND FLOOR, MG ROAD, ERNAKULAM
             , PIN - 682011
OTHER PRESENT:

             0
             SC,SRI.JITHESH MENON


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33274 OF 2022
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                      BECHU KURIAN THOMAS, J.
                  ===========================
                       W.P.(C) No.33274 of 2022
                   --------------------------------------------------------
                      Dated this the 21st 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 outstanding amount in instalments.

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

committed default in repayment and the outstanding amount is

Rs.18,00,000/-. 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 Smt.M.B.Shyni, learned counsel for the petitioner 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 petitioner 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.18,00,000/- along

with bank charges from the petitioner on the following conditions: WP(C) NO. 33274 OF 2022

i) The outstanding amount of Rs.18,00,000/- shall be repaid in 15

equated monthly instalments.

ii) The first instalment shall be paid on or before 21.11.2022 and

the remaining instalments shall be paid on or before the 21st

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 jm/ WP(C) NO. 33274 OF 2022

APPENDIX OF WP(C) 33274/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 07/12/2017 Exhibit P2 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 30/04/2018 Exhibit P3 A TRUE COPY OF THE POSSESSION NOTICE OF THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM IN M.C.NO.99/2022 Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT BANK DATED 20/07/2022