Mohammed Ashraf Mele Veetil vs Bank Of Baroda
2024 Latest Caselaw 11802 Ker

Kerala High Court

Mohammed Ashraf Mele Veetil vs Bank Of Baroda on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                        WP(C) NO. 16779 OF 2024
PETITIONER:

          MOHAMMED ASHRAF MELE VEETIL,
          AGED 58 YEARS
          S/O AVUKADHERKUTTY MELE VEETIL,
          MELE VEETIL HOUSE, CHETTIPADI P.O, PARAPPANANGADI,
          MALAPPURAM., PIN - 676319
          BY ADVS.
          NAVANEETH.N.NATH
          GAUTHAM KRISHNA E.J.
          ABHIRAMI S.
          SHINTO THOMAS
RESPONDENT:

          BANK OF BARODA,
          REPRESENTED BY ITS CHIEF MANAGER (AUTHORIZED OFFICER),
          PRAMOD BUILDING, CHEROTY ROAD, KOZHIKODE, PIN - 673001
          SRI.K. ANAND, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16779 OF 2024

                                   2



                            JUDGMENT

The petitioner availed credit facilities which included two

term loan facilities to the extent of Rs.40,00,000/- on 12.02.2016

and Rs.14,00,000/- on 30.06.2017 from the Cheroty Road Branch

of the respondent. The petitioner defaulted the repayment of the

loan amount and hence, revenue recovery proceedings have been

initiated against him. The learned counsel for the petitioner

submits that the petitioner is prepared to clear off the entire amount

due in 12 equal monthly instalments. The learned counsel for the

petitioner further submits that the petitioner may be permitted to

seek for a one-time settlement.

2. The learned standing counsel for the respondent submits that

the total overdue amount would come to Rs.14,66,567/-.

3. Having heard both sides, this writ petition is disposed of as

follows:

i) The petitioner shall remit a sum of Rs.5 Lakhs

within two weeks from today to the respondent.

WP(C) NO. 16779 OF 2024

ii) The petitioner shall pay the balance amount with

interest due in 10 equal monthly instalments

commencing from 01.06.2024 onwards. The

subsequent instalments shall be paid by the

petitioner on the 5th day of every succeeding month.

Along with the aforesaid payment, regular monthly

instalment shall also be paid.

iii) In case of default on the part of the petitioner in

payment of the initial amount of Rs.5 Lakhs or any

of the instalments thereafter including regular

monthly instalments, the aforesaid facility extended

to the petitioner shall stand cancelled and the Bank

will be at liberty to proceed with the recovery

proceedings. Subject to the above direction, the

recovery proceedings against the petitioner shall be

kept in abeyance.

iv) The petitioner is also free to approach the

respondent with a plea for a one-time settlement. In WP(C) NO. 16779 OF 2024

such an event, the respondent shall consider the

same in accordance with law.

Sd/-

DR.KAUSER EDAPPAGATH JUDGE

NP WP(C) NO. 16779 OF 2024

APPENDIX OF WP(C) 16779/2024

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE DATED 09.02.2024 RESPONDENT'S EXHIBITS: NIL