Sajan S P vs Kerala Gramin Bank Represented By ...
2022 Latest Caselaw 10734 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                      WP(C) NO. 28619 OF 2022
PETITIONER:

          SAJAN S.P
          AGED 52 YEARS, S/O PUSHPARAJAN,
          SANTHOSH BHAVAN, ANGADICKAL NORTH PO, ANGADICKAL
          VILLAGE, ADOOR TALUK, PATHANAMTHITTA,
          PIN - 689 674.

          BY ADVS.
                   BOBY THOMAS
                   RESHMI JACOB



RESPONDENT:

          KERALA GRAMIN BANK
          REPRESENTED BY ITS BRANCH MANAGER
          CHANDANAPPALLY BRANCH, ADOOR,
          PATHANAMTHITTA
          PIN - 689 648.

          BY ADV JAWAHAR JOSE




     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. 28619 OF 2022       2



                               JUDGMENT

The petitioner has filed this writ petition being aggrieved by

'coercive' steps being taken by the respondent bank to recover

amounts due from the petitioner under a loan transaction.

2. When this matter is taken up for consideration today,

the learned counsel appearing for the respondent Bank points out

that, in essence, the petitioner is challenging the proceedings

before the Sub Court, Pathanamthitta in proceedings for execution

of a decree of that court in O.S.No.308/2012. It is submitted that

following the interim order issued by this Court on 02.09.2022, the

proceedings in execution of the decree are kept in abeyance. It is

submitted that despite the condition imposed in the interim order

dated 02.09.2022 to remit a sum of Rs.1,00,000/-, the petitioner

has remitted only Rs.65,000/-. It is submitted that since this

matter does not arise under the provisions of the SARFAESI Act or

the Recovery Debts and Bankruptcy Act, this writ petition is clearly

not maintainable. It is submitted that the present liability is

Rs.21,61,733/-.

3. Having heard the learned counsel for the petitioner and

the learned counsel for the respondent Bank, I am of the view that

there is considerable merit in the contention taken by the learned

counsel for the respondent Bank that the present writ petition is

not maintainable as the proceedings being continued against the

petitioner are execution proceedings for executing the decree

passed by the Sub Court, Pathanamthitta in O.S.No.308/2012.

Face with this situation the learned counsel appearing for the

petitioner states that the petitioner may be allowed to clear the

liability in 10 monthly instalments commencing from 07-11-022.

4. Having regard to the submission made by the learned

counsel appearing for the petitioner and notwithstanding the fact

that these proceedings are clearly not maintainable, in order to

give to the petitioner a chance to clear the liability in instalments,

this writ petition is disposed of with a direction to the respondent

bank to accept repayment of the entire outstanding amount of

Rs.21,61,733/- (Rupees Twenty One Lakhs Sixty One Thousand

Seven Hundred and Thirty Three Only) along with any accrued

interest and bank charges from the petitioner on the following

conditions:

(i) The outstanding amount of Rs.21,61,733/- (Rupees Twenty

One Lakhs Sixty One Thousand Seven Hundred and Thirty Three

Only) together with any accrued interest/cost shall be repaid in 10

equated monthly installments;

(ii) The first installment shall be paid on or before

07-11-2022. The subsequent installments shall be paid on or

before the last working day of the succeeding months;

(iii) In the event of default of any one installment, 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.

Petitioner may also approach the respondent Bank for One

Time Settlement in accordance with any scheme that is prevalent

or that may be introduced by the respondent Bank. However that

will not absolve the petitioner of the responsibility of paying the

amounts due, as directed in this judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 28619/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REQUEST LETTER DATED 15/12/2021 FOR ONETIME SETTLEMENT.