Swathy K.Baby vs Union Bank Of India
2023 Latest Caselaw 4205 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         WP(C) NO. 9740 OF 2023
PETITIONER/S:

    1     SWATHY K.BABY
          AGED 32 YEARS
          KOOPPIDY HOUSE, KOOVAPPADY (P.O), PERUMBAVOOR., PIN -
          683544
    2     REMANI BABY
          AGED 62 YEARS
          KOOPPIDY HOUSE, KOOVAPPADY (P.O), PERUMBAVOOR., PIN -
          683544
          BY ADVS.
          C.AJITH KUMAR
          C.K.JAYAKUMAR
          RAJEEVU L.G.


RESPONDENT/S:

    1     UNION BANK OF INDIA
          SIVARAM COMPLEX, AIMURY JUNCTION, KOOVAPPADY (P.O),
          PERUMBAVOOR - REPRESENTED BY ITS BRANCH MANAGER.,
          PIN - 683544
    2     DEPUTY TAHSILDAR
          KUNNATHUNAD TALUK, PIN - 683565
          R1 BY SRI. SADCHITH.P.KURUP
          ASP.KURUP
          C.P.ANIL RAJ(K/872/2007)
          SIVA SURESH(K/2688/2022)

          R2 BY SMT. RESHMI K.M., SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9740 OF 2023


                                   -2-

                            JUDGMENT

The 1st petitioner has completed BAMS degree and the 2 nd

petitioner, who is the mother of the 1st petitioner, is a home maker.

The sum and substance of the contentions advanced by the petitioners

is that, the recovery action initiated by the respondent bank against

the petitioners to recover the educational loan, is not in accordance

with law. It is an admitted fact that, as per the agreement, the term of

the loan account has expired, but, according to the learned Counsel for

the petitioners, the 1st petitioner could not secure a job even now,

which disables her to make the payment as is expected. Even though

various contentions are raised, attributing illegality to the recovery

action, when the matter was taken up for hearing, learned Counsel for

the petitioners submitted that it would suffice if the petitioners are

permitted to pay the outstanding amount in 12 equated monthly

installments.

2. Learned Standing Counsel for the bank submitted that, as on

today, an amount of Rs.3,51,164/- (Rupees Three Lakhs Fifty One

Thousand One Hundred and Sixty Four only) is remaining due from WP(C) NO. 9740 OF 2023

the petitioners.

3. I have heard the learned Counsel for the petitioners

Sri. C.Ajith Kumar, learned Standing Counsel for the bank

Sri. A.S.P.Kurup, and the learned Senior Government Pleader

Smt. Reshmi K.M., and perused the pleadings and material on record.

4. Taking into account the adverse financial and economic

situations prevailing in the community and the grievance put forth by

the petitioners, petitioners are permitted to pay the outstanding

amount in 12 equated monthly installments, starting from 12.04.2023,

and on the corresponding date of the succeeding months. Needless to

say, if any of the installments is defaulted, the respondent bank will be

at liberty to take appropriate action and recover the amount in lump.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE

uu 31.03.2023 WP(C) NO. 9740 OF 2023

APPENDIX OF WP(C) 9740/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE DEMAND NOTICE DATED 12/01/2023 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER RESPONDENT EXHIBITS EXHIBIT R 1 A A true copy of the letter of sanction with respect to the educational loan dated 24.4.2012 PETITIONER EXHIBITS Exhibit-P2 TRUE COPY OF THE MAIL DATED 07/03/2023 SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R 1 B A true copy of the demand promissory note dated 24.4.2012 signed by the 1st petitioner EXHIBIT R 1 C A true copy of the educational loan agreement dated 24.4.2012 EXHIBIT R 1 D A true copy of educational loan guarantee agreement dated 24.4.2012 executed by the 2nd petitioner EXHIBIT R 1 E A true copy of the statement of account maintained by the bank,