Kerala High Court
Indrajith. G vs State Bank Of India on 21 October, 2022
WP(C) NO. 32751 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. 32751 OF 2022
AGAINST THE ORDER/JUDGMENTMC 3/2020 OF CHIEF JUDICIAL
MAGISTRATE ,TRIVANDRUM / SPECIAL COURT FOR TRIAL OF CYBER CRIME
PETITIONER/S:
INDRAJITH. G.
AGED 66 YEARS
S/O. GOPALAN,
PARVATHY BANGLOW, KILITHATTUMUKKU,
AVANAVANCHERRY P.O., ATTINGAL,
THIRUVANANTHAPURAM DISTRICT.
, PIN - 695103
BY ADV MELWIN BYJU
RESPONDENT/S:
STATE BANK OF INDIA
REPRESENTED BY AUTHORIZED OFFICER,
CHIEF MANAGER, STRESSED ASSETS RECOVERY BRANCH (SARB)
FIRST FLOOR, LMS COMPOUND, OPPOSITE MUSEUM WEST GATE,
VIKAS BHJAVAN P.O., THIRUVANANTHAPURAM DISTRICT.
, PIN - 695033
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. 32751 OF 2022
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BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.32751 of 2022
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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.17,55,000/-. 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 Sri.Melwin Byju, 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.Rs.17,55,000/-
along with bank charges from the petitioner on the following conditions:
WP(C) NO. 32751 OF 2022
i) The outstanding amount of Rs.17,55,000/- 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. 32751 OF 2022
APPENDIX OF WP(C) 32751/2022
PETITIONER EXHIBITS
Exhibit-P1 PHOTOCOPY OF THE JUDGMENT DATED 30/11/2018 OF
THIS HONORABLE COURT.
Exhibit-P2 PHOTOCOPY OF THE NOTICE DATED 12/09/2022 ISSUED
BY THE ADVOCATE COMMISSIONER.
Exhibit-P3 PHOTOCOPY OF THE RECEIPT SHOWING PAYMENT OF
RS.1 LAKH.
