Jerom Thomas vs The Authorized Officer
2023 Latest Caselaw 2015 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
      FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                       WP(C) NO. 1077 OF 2023
PETITIONER:

          JEROM THOMAS
          AGED 46 YEARS
          S/O C.C THOMAS, CHEMBILAKATHU HOUSE, MANIMOOLY,
          VAZHIKKADAVU, MALAPPURAM DISTRICT, PIN - 679333

          BY ADV M.R.SASITH



RESPONDENT:

          THE AUTHORIZED OFFICER
          CANARA BANK, REGIONAL OFFICE,
          MALAPPURAM DISTRICT, PIN - 676504

          BY ADV K.P.SUJESH KUMAR




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1077 OF 2023               2




                              T.R. RAVI, J.
               --------------------------------------------
                        W.P.(C).No.1077 of 2023
                --------------------------------------------
                Dated this the 3rd day of February, 2023


                               JUDGMENT

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

off the amounts due to the Bank in easy instalments. The Standing

Counsel on instructions submits that the petitioner has availed three

housing loans and the consolidated overdue amount comes to

Rs.2,28,046/-. Apart from the three housing loans there is an

overdraft facility and an agriculture loan, both of which have already

become due, and the amounts due are Rs.17,09,936/ and

Rs.73,733/- respectively. The Standing Counsel submits that the

housing loans alone can be regularised if the entire overdue amounts

are paid.

In the above circumstances, this writ petition is disposed of with

the following directions:

1. The petitioner shall pay a sum of Rs.1,50,000/- on or

before 03.03.2023 towards the overdue amount in the housing loan

and the balance amount in two equal monthly instalments falling due

on or before 03.04.2023 and 03.05.2023. On the petitioner paying

the entire overdue amount, the respondent shall consider

regularisation of the said account.

2. The petitioner shall pay the amounts outstanding in the

overdraft facility and agriculture loan in 12 equal monthly instalments

along with the interest accruing, the first instalment falling due on or

before 03.03.2023 and the subsequent instalments falling due on or

before the 3rd day of the succeeding months.

If the petitioner commits a single default in the payment of the

instalments the respondent may continue with the coercive steps for

recovery.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 1077/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT BANK DATED 16/11/2022