Anandan vs The Authorized Officer
2023 Latest Caselaw 10790 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE K. BABU
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                     WP(C) NO. 33954 OF 2023
PETITIONERS:

    1    ANANDAN, AGED 40 YEARS
         S/O PONNUCHAMY(LATE) MANIYATTUKOLUMBU (H )
         VANDITHAVALAM (.P.O) CHITOOR (TALUK)
         PALAKKAD (DT), PIN - 678534

    2    SOBHA SADASIVAN, AGED 37 YEARS
         W/O ANANDAN MANIYATTUKOLUMBU(H)
         VANDITHAVALAM (.P.O) CHITOOR (TALUK)
         PALAKKAD (DT), PIN - 678534

         BY ADVS.
         MRINUAAL
         RAJITHA V.K


RESPONDENTS:

    1    THE AUTHORIZED OFFICER, CANARA BANK,
         CHITTUR( P.O) PALAKKAD (DT), PIN - 678101

    2    THE BRANCH MANAGER, CANARA BANK,
         CHITTURR, PALAKKAD (DT), PIN - 678101

         BY ADVS.
         GOPIKRISHNAN NAMBIAR M
         K.JOHN MATHAI(K/413/1984)
         JOSON MANAVALAN(J-526)
         KURYAN THOMAS(K/131/2003)
         PAULOSE C. ABRAHAM(MAH/58/2006)
         RAJA KANNAN(K/356/2008)


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 33954 OF 2023

                                        -2-




                             K. BABU, J.
                  ------------------------------------
                   W.P.(C) No.33954 of 2023
                  -------------------------------------
                    Dated this the 19th day of October, 2023



                            JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the

Constitution of India are as follows:-

(i) To issue a writ of certiorari to quash Ext P1

(ii) To issue a Writ of Mandamus or directions to the respondents to give 15 equal monthly installments of defaulted installments and permit the petitioner to regularize the loan, in the interest of justice.

(iii) Any other writ or direction deems fit to the facts and circumstances of the case.

(iv) To dispense with the filing of translation of vernacular documents.

2. Heard both sides.

3. The learned Standing Counsel for the respondent Bank, WP(C) NO. 33954 OF 2023

upon instructions, submits that the Bank is agreeable to permit the

petitioners to remit the overdue amount in 5 equal monthly

instalments.

4. In the above circumstances, the Writ Petition is disposed

of with the following directions:-

(i) The respondent Bank is directed to

regularize the loan account by accepting

repayment of the entire overdue amount of

Rs.4,45,438/- along with Bank charges from

the petitioners.

(ii) The petitioners shall remit the overdue

amount of Rs.4,45,438/- together with any

accrued interest and charges in 5 equal

monthly instalments.

(iii) The first instalment shall be paid on or

before 19.11.2023 and the subsequent

installments shall be paid on the last working WP(C) NO. 33954 OF 2023

day of every succeeding month.

(iv) The petitioners shall continue to pay the

regular EMIs in terms of the contract.

(v) In the event of default of any one

installment, the respondent Bank is entitled

to proceed in accordance with law.

(vi) The proceedings initiated under the

SARFAESI Act against the petitioners shall

be kept in abeyance to facilitate repayment

as stated above.

Sd/-

K. BABU, JUDGE AS WP(C) NO. 33954 OF 2023

APPENDIX OF WP(C) 33954/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 08/08/2023 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 TRUE COPY OF THE EMAIL TO 2ND RESPONDENT DTD 4/10/2023