Kerala High Court
Akhil P.V vs The District Collector on 18 April, 2023
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. 12950 OF 2023
PETITIONER/S:
AKHIL P.V, AGED 27 YEARS
S/O RAVEENDRAN, "GURUZOOL HOUSE", NEAR KARINDALAM
SERVICE CO-OPERATIVE BANK, KARINTHALAM VILLAGE,
KARINTHALAM PO, VELLARIKUNDU TALUK KASARAGOD
DISTRICT, PIN - 671314
BY ADVS.
VIMAL VIJAY
CHRISTY THOMAS
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KASARAGOD, PIN - 671123
2 THE DEPUTY TAHSILDAR
VELLARIKUND TALUK, KASARAGOD DISTRICT,
PIN - 671533
3 THE VILLAGE OFFICER
KARINTHALAM VILLAGE OFFICE,
VELLARIKUNDU TALUK, KASARAGOD, PIN - 671314
4 THE BRANCH MANAGER
SBI RASMEC KANHANGAD,
KASARAGOD DISTRICT, PIN - 671531
5 THE BRANCH MANAGER
STATE BANK OF INDIA,
KANHANGAD BRANCH, KASARAGOD, PIN - 671531
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
GP SMT VIDYA KURIKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 12950 of 2023
VIJU ABRAHAM, J.
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W.P.(C) No. 12950 of 2023
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Dated this the 18th day of April, 2023
JUDGMENT
The 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 committed default in repayment and the overdue
amount as on 11.04.2023 is Rs.8,94,744/-. 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.
W.P.(C). No. 12950 of 2023
4. I have heard the learned counsel for the petitioner as well
as the learned Standing Counsel for the respondent.
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 repayment of the entire overdue amount of
Rs.8,94,744/- 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.8,94,744/- shall be repaid
in 15 instalments, of which an amount of Rs.1,00,000/-
W.P.(C). No. 12950 of 2023
(Rupees one lakh only) shall be paid on or before
18.05.2023 and the balance of the overdue amount shall
be paid in '14' equated monthly instalments commencing
from 18.06.2023.
(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.
(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
das
W.P.(C). No. 12950 of 2023
APPENDIX OF WP(C) 12950/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED
25.05.2022 ISSUED BY THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF DEMAND NOTICE DATED
25.05.2022 ISSUED BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED
28.02.2023 SUBMITTED BEFORE THE 1ST
RESPONDENT
