Suresh Babu vs Senior Manager/Authorized ...
2023 Latest Caselaw 5156 Ker

WP(C) NO. 14250 OF 2023

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
      TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                          WP(C) NO. 14250 OF 2023
PETITIONER:

              SURESH BABU, S/O NARAYANAN P O,
              THACHAMKUNNUMMEL HOUSE, KOTTAPPALLY PO,
              VADAKARA (VIA), KOZHIKODE, PIN - 673542

              BY ADV C.R.SIVAKUMAR


RESPONDENTS:

      1       SENIOR MANAGER/AUTHORIZED OFFICER,
              KERALA BANK @ KOZHIKKODE DISTRICT CO-OPERATIVE BANK LTD
              HEAD OFFICE, PB NO.503, CHALAPPURAM,
              KOZHIKKODE, PIN - 673002
      2       BRANCH MANAGER
              KERALA BANK @ KOZHIKKODE DISTRICT CO-OPERATIVE BANK
              LTD, THIRUVALOOR BRANCH, THIRUVALOOR PO,
              KOZHIKKODE DISTRICT, PIN - 673541

              BY ADV P.C.SASIDHARAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14250 OF 2023

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                            VIJU ABRAHAM, J.
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                       W.P.(C) No.14250 of 2023
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                  Dated this the 18th day of April, 2023

                                  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 the hearing, petitioner has confined

the relief to an opportunity for repaying the overdue amount in

instalments and to obtain regularisation of the loan account.

3. It was submitted on behalf of the respondent-Bank that

the petitioner had committed default in repayment and the

overdue amount is Rs.4,33,641/-. 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 instalments and

regularise the loan account.

WP(C) NO. 14250 OF 2023

4. I have heard Adv.C.R.Sivakumar, the learned counsel for

the petitioner as well as Adv.P.C.Sasidharan, learned Standing

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 overdue amount in '15'

instalments 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 the repayment of the entire overdue amount of

Rs.4,33,641/- along with bank charges from the petitioner and

to regularise the loan account of the petitioner on the following

conditions:

(i) The overdue amount of Rs.4,33,641- shall be repaid in 15 instalments, starting from 15.05.2023.

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

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

WP(C) NO. 14250 OF 2023

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings against the petitioner shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

VIJU ABRAHAM JUDGE msp WP(C) NO. 14250 OF 2023

APPENDIX OF WP(C) 14250/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 08/02/2023 ISSUED BY THE 1ST RESPONDENT Exhibit P2 THE TRUE COPY OF THE REPLY NOTICE FOR EXHIBIT P1 NOTICE ON 16/03/2023 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 27/03/2023 Exhibit P4 THE TRUE COPY OF THE PAPER PUBLICATION DATED 16/03/2023