Kerala High Court
Indiradevi. P vs Canara Bank on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 603 OF 2023
PETITIONER :
INDIRADEVI. P
AGED 50 YEARS
W/O VIVEK,
MANIMANGALAM,
CHERIANAD P, O,
CHENGANNUR,
ALAPPUZHA DIST, PIN - 689 511.
BY ADV BABU PAUL
RESPONDENT:
CANARA BANK
CHENGANNUR BRANCH,
REPRESENTED BY ITS MANAGER,
COURT ROAD, CHENGANNUR,
ALAPPUZHA DIST., PIN - 689 511.
ADV. M GOPIKRISHNAN NAMBIIAR, SC FOR CANARA BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.603/2023
2
BECHU KURIAN THOMAS, J
...........................................
W.P.(C) No.603 of 2023
.....................................
Dated this the 17 th day of January, 2023
JUDGMENT
Petitioner challenges, inter alia , Ext.P1 notice of sale and
also seeks for an order permitting him to repay the loan
amount within a reasonable period. Ext.P4 is the sale
notice dated 03.01.2023 notifying the sale to be held on
17.02.2022.
2. The learned counsel for the respondent submitted that
Ext.P4 sale notice has been withdrawn due to certain
technical errors and a fresh sale notice has been issued on
10.01.2023, though the same is not produced.
3. I have heard Sri.Babu Paul the learned counsel for the
petitioner as well as Sri.M.Gopikrishnana Nambiar, the
learned Standing Counsel for the respondent.
4. It is noticed that, this writ petition was filed on
09.01.2023 and immediately thereafter a fresh sale notice
has been issued to the petitioner.
5. Taking into consideration that the sale notice has been
WP(C) No.603/2023
issued after filing of the writ petition, I am of the view
that the relief of the petitioner to repay the entire
outstanding amount in reasonable instalments can be
considered.
6. It was submitted on behalf of the respondent-Bank that
petitioner had committed default in repayment and the
outstanding amount is Rs.17,47439/-. 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 outstanding amount
in limited instalments.
7. 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
outstanding amount in '10' instalments.
8. Accordingly, there will be a direction to the respondent-
Bank to accept repayment of the entire outstanding
amount of Rs.17,47,439/- along with bank charges from
the petitioner on the following conditions:
WP(C) No.603/2023
(i). The outstanding amount of Rs.17,47,439 /-
shall be repaid in '10' equated monthly
instalments.
(ii). The first instalment shall be paid on or
before 17.02.2023 and the remaining instalments
shall be paid on or before the 17th day of every
succeeding month.
(iii). In the event of 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.
BECHU KURIAN THOMAS
JUDGE
AMV/17/01/2023
WP(C) No.603/2023
APPENDIX OF WP(C) 603/2023
PETITIONER EXHIBITS :
EXHIBITP1 TRUE COPY OF THE NOTICE DT.27/5/22
ISSUED BY THE RESPONDENT UNDER
SEC.13(2) OF SARAFASI ACT.
EXHIBITP2 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER DT. 19/12/22.
EXHIBITP3 TRUE COPY OF THE STATEMENT OF ACCOUNT
DT. 19/12/22 ISSUED BY THE RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE NOTICE DT. 3/1/2023
ISSUED BY THE RESPONDENT.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
