Bini Aliyar vs Union Bank Of India
2023 Latest Caselaw 2752 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
       WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                             WP(C) NO. 5396 OF 2023
PETITIONER:

              BINI ALIYAR
              AGED 41 YEARS
              W/O HARIS K ALIYAR, 4/108A, KUNNEKUDIYIL HOUSE, MANIKKINAR
              PO, PALLARIMANGALAM, POTHANICAD, IDUKKI, PIN - 686671
              BY ADVS.
              E.M.MURUGAN
              P.J.ANTONY
              K.SETHU PRAKASH
              P.R.PRATEESH
              P.RAKESH (VAIKOM)
              K.R.LEKSHMI

RESPONDENT:

              UNION BANK OF INDIA
              POTHANICAD BRANCH, REP BY ITS AUTHORISED OFFICER
              CHETTIYAMKUDIYIL BUILDING, GROUND FLOOR,
              POTHANICAD, IDUKKI, PIN - 676671
              BY ADVS.
              ASP.KURUP
              SADCHITH.P.KURUP(K/1419/2002)
              C.P.ANIL RAJ(K/872/2007)
              SIVA SURESH(K/2688/2022)

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.5396 of 2023
                                    2


                          T.R. RAVI, J.
               ------------------------------------
                  W.P.(C.) No.5396 of 2023
               ------------------------------------
             Dated this the 01st day of March, 2023

                           JUDGMENT

The petitioner seeks permission to pay off the

overdue amount in instalments and get the loan

regularised.

2. The Standing Counsel for the respondent on

instruction submits that the petitioner has availed three

loans and the total outstanding in the three loans put

together is Rs.43,30,481/-. It is submitted that the

overdue amount comes to Rs.5,95,000/- and that if the

overdue amount is paid immediately, regularisation can

be considered.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioner shall pay a sum of Rs.2,00,000/-

on or before 29.03.2023 and the balance overdue

amount shall be paid in five equal monthly

instalments, 1st instalment becoming payable on or WPC No.5396 of 2023

before 28.04.2023 and the subsequent instalments

payable on or before the 28th day of every

succeeding months;

ii) If the petitioner pays the entire instalments as

directed above, the respondent shall regularise the

loan account;

iii) The petitioner shall continue to pay the regular

instalments along with the instalments as directed

above;

iv) If the petitioner makes a single default in the

payment of the instalments as directed

above, the respondent will be at liberty to

continue with the proceedings for recovery;

v) Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI JUDGE SKP/01-03 WPC No.5396 of 2023

APPENDIX OF WP(C) 5396/2023

PETITIONER'S EXHIBITS:

EXHIBIT1 EXT P1 DEMAND NOTICE UNDER SEC 13(2) DATED 09.08.2022 EXHIBIT P2 EXT P2 PAYMENT RECEIPTS DATED 13.12.2022 EXHIBIT P3 EXT P3 POSSESSION NOTICE UNDER SEC 13(4) DATED 20.01.2023 RESPONDENT'S EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE