Sajeev vs The Authorized Officer
2023 Latest Caselaw 3242 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                              WP(C) NO. 4071 OF 2023
PETITIONER:

                  SAJEEV
                  AGED 33 YEARS
                  S/O. KRISHNAN NAIR, RAJEEV BHAVAN, KUNNIDA VAIDYANKAVU,
                  KOLIYAKODU P.O, THIRUVANANTHAPURAM-, PIN - 695607

                  BY ADV ANJANA KANNATH



RESPONDENTS:

       1          THE AUTHORIZED OFFICER
                  KERALA BANK, KERALA STATE CO-OPERATIVE BANK LTD.,
                  VEMBAYAM BRANCH, THIRUVANANTHAPURAM-, PIN - 695615

       2          THE BRANCH MANAGER
                  KERALA BANK, KERALA STATE CO-OPERATIVE BANK LTD.,
                  VEMBAYAM BRANCH, THIRUVANANTHAPURAM-, PIN - 695615

                  BY ADV THOMAS ABRAHAM




THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.4071/2023                    2



                              JUDGMENT

Petitioner has approached this Court challenging proceedings

initiated under the Kerala State Co-operative Societies Act, 1969 for

recovery of amounts due in respect of a consumption loan availed from

the respondent bank.

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

the relief to an opportunity of repaying the overdue amount in

instalments and to obtain regularisation of the loan account.

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

petitioner committed default in repayment and the overdue amount is

Rs.10,38,720/- as on 31.12.2022. 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 overdue

amount in limited instalments and regularise the loan account.

4. I have heard the learned counsel for the petitioner as well as

the learned counsel for the respondent Bank.

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 petitioner can be granted an opportunity

to clear off the overdue amount in fifteen (15) equal monthly instalments

first of which shall be paid on or before 10-04-2023 and thereafter, if the

amount so directed is repaid within the time as directed above, to have

the loan account regularised.

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

to accept repayment of the entire overdue amount of Rs.10,38,720/-

along with bank charges from the petitioner and regularise the loan

account of the petitioner on the following conditions:

(i) The overdue amount of Rs.10,38,720/- together with any

accrued interest and charges shall be repaid in fifteen (15)

equated monthly instalments.

(ii) The first instalment shall be paid on or before 10-04-2023

and the subsequent instalments shall be paid on the 10 th day

of every succeeding month.

(iii) Petitioner shall continue to pay the regular EMI's along with

the instalments as directed above.

(iv) In the event of default of any one instalment, the respondent

bank shall be entitled to proceed in accordance with law.

(v) In order to enable the petitioner to repay the entire amounts,

all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 4071/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LOAN DETAILS ISSUED BY THE RESPONDENT AT THE REQUEST OF THE PETITIONER DATED 27-10-2022

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 16-

11-2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT