Kerala High Court
Shanmughan T vs Dhanlaxmi Bank on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15842 OF 2024
PETITIONER:
SHANMUGHAN T., AGED 45 YEARS
S/O THANKAPPAN, RESIDING AT SHANMUGHA SADANAM, AYMANAM
PO, KOTTAYAM, PIN - 686015
BY ADVS.
A.ABDUL RAHMAN (A-1917)
P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686001
2 DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR (RR),
PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION, KOTTAYAM
DISTRICT, PIN - 686001
SRI.P.VIJAYARAGHAVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15842 OF 2024
2
JUDGMENT
The petitioner singularly seeks a direction to the 1 st
respondent to consider Ext.P2 representation, thus permitting him
to pay off the entire outstanding in the loan account availed of
from them in 30 equal monthly installments. He also seeks that
the 1st respondent be directed to provide him Account Statements,
so as to enable him to do as afore.
2. However, in response to the afore submissions of
Sri.P.T.Sheejish - learned counsel for the petitioner,
Sri.P.Vijayaraghavan - learned Standing Counsel for the
respondent Bank, submitted that the representation made by the
petitioner is not liable to be considered because the terms of the
loans have long expired; and that the best which can be offered to
the petitioner is that he be permitted to pay off the entire liability
in lump sum, under a proper settlement to be offered by him. He
added that, for this, petitioner will have to make a proper
application, offering the upfront payment and indicating the
manner in which the balance will be liquidated; which will then be
considered by the competent Authority of the Bank, subject to
applicable terms. He, however, explained that there is no 'One-
Time-Settlement' scheme as of now.
WP(C) NO. 15842 OF 2024
3. I have no doubt that the afore stand of the respondent-
Bank is the most apposite in the circumstances presented
because, this Court cannot direct them to allow borrowers to
settle loan accounts in installments, unless it is conceded; and
hence, the only other option for the petitioner is to seek a 'One-
Time-Settlement', as per the terms to be fixed by the Bank. For
this, he will have to make a proper offer, indicating the amount
that he will be able to pay upfront and the manner in which the
balance will be honoured.
In the afore circumstances,
(a) I allow this Writ Petition to the limited extent of leaving
liberty to the petitioner to file an appropriate application before
the Bank, seeking settlement of his loan account; and if this is
done within a period of one month from the date of receipt of a
copy of this judgment, the same shall be considered by its
competent Authority, stipulating the terms under which it can be
accepted - if it is so acceptable; thus culminating in an
appropriate order and necessary action thereon, as expeditiously
as is possible thereafter.
(b) Needless to say, I have not entered into any of the rival
contentions of the parties, including as to whether the petitioner
is entitled to One-Time-Settlement or otherwise, and these
WP(C) NO. 15842 OF 2024
matters are left open to the Bank to decide appropriately on a
case-by-case basis, after hearing the petitioner.
(c) It also goes without saying that, until such time as the
afore is done and the resultant order communicated to the
petitioner - in the event he invokes the remedy reserved to him in
(a) above, all further coercive recovery action against him will
stand deferred; but which can be taken forward based on such a
decision, without having to obtain any further orders from this
Court thereafter.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 15842 OF 2024
APPENDIX OF WP(C) 15842/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED
12.03.2024 OF 'S N MICRO FINANCE ACTION
FORUM'
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE
'SN MICRO FINANCE ACTION FORUM' MR. ANEESH
KUMAR BEFORE THE 1ST RESPONDENT
