Madanan P.R vs The Kerala Gramin Bank
2023 Latest Caselaw 738 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 42301 OF 2022
PETITIONERS :

    1     MADANAN P.R.,
          AGED 66 YEARS,
          S/O RAGHAVAN KUTTY, SANKERS FARM,
          VALLIKADAVU P.O., KASARGOD DISTRICT,
          PIN - 671 534

    2     GIRIJA CHERANICKAL KESAVAN,
          AGED 48 YEARS,
          W/O. SREEKUMAR P.R., SANKERS FARM,
          VALLIKADAVU P.O., KASARGOD DISTRICT,
          PIN - 671 534

    3     SREEKUMAR P.R.,
          AGED 68 YEARS,
          S/O. RAGHAVANKUTTY, SANKERS FARM,
          VALLIKADAVU P.O., KASARGOD DISTRICT,
          PIN - 671 534

          BY ADV SHIBA M SAMUEL



RESPONDENTS :

    1     THE KERALA GRAMIN BANK,
          DOOR NO.12/38C, MUNICIPAL OFFICE ROAD P.O.,
          KASARAGOD-671121 REPRESENTED BY ITS AUTHORIZED OFFICER,
          PIN - 671 121

    2     THE AUTHORISED OFFICER,
          KERALAKERALA GRAMIN BANK,
          DOOR NO.12/38C, MUNICIPAL OFFICE ROAD P.O.,
          KASARAGOD, PIN - 671121

          BY ADV P. GOPIKRISHNAN NAMBIAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42301 OF 2022
                                       2

                    BECHU KURIAN THOMAS, J.
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                    W.P.(C) No.42301 of 2022
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              Dated this the 12th day of January, 2023


                                JUDGMENT

Petitioners as borrowers from the respondent bank, have

committed default in repayment. Consequently, proceedings have been

initiated by the bank for recovery of the amounts due.

2. During the course of hearing, petitioners have confined the

relief to an opportunity for repaying the outstanding amount in instalments.

3. It was submitted on behalf of the respondent bank that the

petitioners committed default in repayment and the outstanding amount is

Rs.17,30,387/-. 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.

4. I have heard Adv.Shiba M.Samuel, appearing for the

petitioners as well as Sri.M.Gopikrishnan Nambiar, the 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 petitioners can be granted an opportunity to repay the

outstanding amount in '15' instalments. WP(C) NO. 42301 OF 2022

6. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of Rs.17,30,387/- along

with bank charges from the petitioners on the following conditions:

(i) The outstanding amount of Rs.17,30,387/- shall be repaid in '15' equated monthly instalments.

(ii) The first instalment shall be paid on or before 12.02.2023 and the remaining instalments shall be paid on or before the 12th day of the succeeding months.

(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 petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

BECHU KURIAN THOMAS JUDGE RKM WP(C) NO. 42301 OF 2022

APPENDIX OF WP(C) 42301/2022

PETITIONERS' EXHIBITS :

ExhibitP1 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 21/11/2022