Chandran A vs Union Bank Of India
2023 Latest Caselaw 4850 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                         WP(C) NO. 13412 OF 2023
    AGAINST THE ORDER/JUDGMENT IN MC 1438/2022 OF CHIEF JUDICIAL
                   MAGISTRATE COURT, THIRUVANANTHAPURAM
PETITIONER:

              CHANDRAN A.
              S/O APPUKUTTAN, AGED 67 YEARS
              SURJITH BHAVAN, NARANAM, MELEMUKKU, KUTTICHAL P.O.,
              THIRUVANANTHAPURAM - 695574.

              BY ADVS.
              G.SUDHEER
              R.HARIKRISHNAN (H-308)
              SMRITHI S.S.


RESPONDENT:

              UNION BANK OF INDIA
              REPRESENTED BY ITS AUTHORIZED OFFICER/CHIEF MANAGER,
              ZONAL OFFICE, SECRETARIAT, STATUE,
              THIRUVANANTHAPURAM - 695 001.


              SRI. A.S. P. KURUP. SC,


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13412 OF 2023

                                       2

                                T.R. RAVI, J.
                --------------------------------------------
                      W.P.(C) No.13412 of 2023
                    --------------------------------------------
                Dated this the 13th day of April, 2023

                               JUDGMENT

The prayer in the writ petition is to permit the petitioner to

pay off the overdue amounts in the loan account availed from the

respondent in easy instalments and to regularise the loan

account. The Standing Counsel for the respondent on

instructions submits that the overdue amount is Rs.2,14,600/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.2,14,600/- in 8 equal monthly instalments, the first instalment

falling due on or before 30.04.2023 and the subsequent

instalments falling due on or before the 30 th of the succeeding

months. The petitioner shall also pay the regular monthly

instalments along with the instalments towards the overdue

amount as stated above. If the petitioner pays the entire overdue

amount, the respondent shall regularise the loan account. If the WP(C) NO. 13412 OF 2023

petitioner makes two defaults in the payment of instalments, the

respondent will be at liberty to continue with coercive steps for

recovery. The coercive steps initiated shall be kept in abeyance

to facilitate the payment of instalments as directed above.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 13412 OF 2023

APPENDIX OF WP(C) 13412/2023

PETITIONER'S EXHIBITS

Exhibit P 1 COPY OF POSSESSION NOTICE ISSUED UNDER SECTION 13 (4) OF SARFAESI ACT DATED 27.10.2022.

Exhibit P 2 COPY OF THE ORDER IN MC NO 1438/2022 DATED 8.2.2023 PASSED BY CJM COURT, THIRUVANANTHAPURAM.

Exhibit P3 COPY OF THE NOTICE DT 18.3.2023