Sachin Davis vs The Branch Manager
2023 Latest Caselaw 7495 Ker

             -IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                      WP(C) NO. 21942 OF 2023
PETITIONER/S:

             SACHIN DAVIS
             AGED 24 YEARS, S/O. DAVIS V.O, RESIDING AT
             VEZHAPARAMBIL HOUSE, MAGALASSERY, KORATTY SOUTH
             P.O, TRISSUR DISTRICT-680308, PIN - 680308
             BY ADVS.
             K.RAJESWARY
             ANIL PRABHA.K
             HARIPRIYA G.


RESPONDENTS:

             THE BRANCH MANAGER
             CANARA BANK, MAMBRA, KARUKUTTY-P.O
             ALUVA TALUK,
             ERNAKULAM DISTRICT-683576, PIN - 683576
             BY ADV SHRI.M.GOPIKRISHNAN NAMBIAR,
             SC, CANARA BANK


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).21942/2023                            2


                        P. V. KUNHIKRISHNAN, J.
                     -------------------------------------------
                         W.P(C).No.21942 of 2023
                     -------------------------------------------
                    Dated this the 7th day of July, 2023

                                    JUDGMENT

The writ petition is filed with the following prayers:

i) Issue direction to the respondent bank to consider Ext.P3 representation of the petitioner and stop the further proceedings in Ext.P2.

ii) Issue direction to the respondent bank to permit the petitioner to repay the arrears loan amount availing 15 installments and also for regularizing loan account.

iii) Issue such other writ, order or direction which this Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice.

[SIC]

2. The petitioner availed an education loan from the

respondent bank. There was default in repaying the loan amount

and consequently, recovery proceedings were initiated. At that

stage, the petitioner approached this Court by filing

W.P(C).No.17499/2023. This Court directed the respondent bank

to consider the grievance of the petitioner and till then the recovery

proceedings were deferred, as evident by Ext.P4 judgment. Now

the respondent passed Ext.P5 order rejecting the request of the

petitioner. Hence, this writ petition is filed.

3. Heard the counsel for the petitioner and the learned

Standing Counsel appearing for the respondent.

4. This Court perused Ext.P5 order. In Ext.P5, it is stated

by the bank that a suit is filed by the bank to realize the amount

with interest and the same is pending before the Munsiff Court,

Aluva. It is also stated that the account is now NPA from

29.01.2022 and the outstanding amount is Rs.5.21,133/- Now the

bank offered to give installment facility for the entire amount due,

for which the petitioner submitted that, because of his financial

condition, he is not in a position to pay the same. If that is the case,

this Court cannot invoke the powers under Article 226 of the

Constitution directing the bank to grant installment, especially

when the bank already approached the civil court for realizing the

amount. But the petitioner is free to approach the civil court for

referring the matter for mediation and if the Court referred the

matter to the mediation, the petitioner is free to raise all the

contentions in the mediation.

With the above observations, this writ petition is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE

Sbna/

APPENDIX OF WP(C) 21942/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 1/11/2018 Exhibit-P2 TRUE COPY OF ORIGINAL SUIT NUMBERED AS OS.128/2023 UNDER SECTION 26 AND ORDER 7 RULE 1 OF THE CODE OF CIVIL PROCEDURE CODE BEFORE ALUVA MUNSIFF COURT AGAINST THE PETITIONER DATED ON 16/03/2023 Exhibit-P3 TRUE COPY OF A REPRESENTATION LETTER SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED ON 22/05/23 Exhibit-P4 TRUE COPY OF THE JUDGMENT IN WP © 17499/2023 DATED 5/06/2023 Exhibit-P5 TRUE COPY OF THE LETTER SENT BY THE RESPONDENT DATED ON 1/07/2023