Sreejith Sreedharan vs Canara Bank
2024 Latest Caselaw 4541 Ker

Kerala High Court

Sreejith Sreedharan vs Canara Bank on 6 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                     WP(C) NO. 4145 OF 2024
PETITIONER:

         SREEJITH SREEDHARAN
         AGED 41 YEARS
         S/O SREEDHARAN, VATTAPARAMBATH HOUSE,
         MULAYAM, ASHRAMAM ROAD, AYYAPPANKAVU P.O.,
         THRISSUR, PIN - 680751

         BY ADVS.
         ANAND KALYANAKRISHNAN
         C.DHEERAJ RAJAN


RESPONDENTS:

    1    CANARA BANK
         THRISSUR MAIN BRANCH, ROUND SOUTH, THRISSUR
         REPRESENTED BY ITS CHIEF MANAGER, PIN - 680001
    2    AUTHORIZED OFFICER
         CANARA BANK, THRISSUR MAIN BRANCH,
         ROUND SOUTH, THRISSUR, PIN - 680001

         SRI.M. GOPIKRISHNAN NAMBIAR

     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 06.02.2024,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.4145 of 2024
                              2


                          JUDGMENT

Dated this the 6th day of February, 2024

The petitioner, who has availed a Housing Loan of

₹40 lakhs and another Vehicle Loan of ₹8.45 lakhs from the

Canara Bank, has approached this Court seeking to direct the

Bank to regularise the loan amount. The petitioner also seeks

to direct the Bank to permit the petitioner to repay the overdue

amount in 30 instalments.

2. When the writ petition came up for hearing,

Standing Counsel representing the Bank submitted that the

overdue amount payable by the petitioner itself comes to

₹6,21,534/- and the total outstanding would be more than

₹48,28,476/-.

3. The Standing Counsel submits that the petitioner

had approached this Court earlier filing W.P.(C) No.

10900/2023 and this Court on 11.04.2023 has delivered a

judgment directing the petitioner to pay the overdue amount in

10 equal monthly instalments. The petitioner has failed to pay

the said amount. In the circumstances, the writ petition cannot

be entertained.

4. Taking into consideration the overdue amount

accumulated, I am of the view that if the petitioner remits the

entire overdue amount and makes an application for

regularisation of the loan account, the Bank can consider the

same.

In the circumstances, the writ petition is disposed of

directing that if the petitioner pays the entire overdue amount

of ₹6,21,534/- along with accrued interest within a period of

two weeks from today and makes a request for regularisation

of the loan account, the Bank shall consider the same as per

rules.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 4145/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 10.01.2024 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER