Kerala High Court
Jomon C K vs The Punjab National Bank on 14 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 17654 OF 2024
PETITIONER:
JOMON C K
AGED 47 YEARS
S/O C V KUTTAPPAN, CHOORAPUZHA HOUSE, KARUKUTTY
P.O ANGAMALY, ERNAKULAM DISTRICT, PIN - 683576
BY ADV KAVERY S THAMPI
RESPONDENTS:
1 THE PUNJAB NATIONAL BANK
STRESSED ASSETS TARGETED RESOLUTION ACTION CENTRE
[SASTRA] PNB HOUSE, MARKET ROAD, ERNAKULAM
DISTRICT , REPRESENTED BY ITS CHIEF MANAGER,
PIN - 682011
2 THE AUTHORIZED OFFICER
STRESSED ASSETS TARGETED RESOLUTION ACTION CENTRE
[SASTRA] PNB HOUSE, MARKET ROAD, ERNAKULAM
DISTRICT, PIN - 682011
3 THE PUNJAB NATIONAL BANK
MENACHERY BUILDING BANK JUNCTION, NATIONAL HIGHWAY
ANGAMALY, ERNAKULAM DISTRICT REPRESENTED BY ITS
BRANCH MANAGER, PIN - 683572
BY ADV C.Ajith Kumar
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.17654 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.17654 of 2024
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Dated this the 14th day of May, 2024
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P3
demand notice, wherein he was directed to remit an amount of
Rs.87,63,240/-. The limited prayer of the petitioner is to permit
him to pay the amount in 20 equal monthly instalments. The
learned counsel for the petitioner would submit that the property
mortgaged is the only residential property of the petitioner and
that the petitioner's daughter is suffering from Autism and one of
his son is now studying in 10 th standard and the other in 9th
standard. It is further submitted that the petitioner's mother is bed
ridden for the past 6 years and if the petitioner thrown out of the
house, they have no other place to go.
2. The learned Standing Counsel appearing for the
respondent bank though opposed the request for payment of the
amount in 20 monthly instalments, submitted that the petitioner
could be permitted to pay the amount, if it could be remitted in
lesser monthly instalments. It is also submitted that the total
amount outstanding as on 02.04.2024 is Rs.87,63,240/-
3. Considering the facts and circumstances of the case and
submissions made across the bar, I dispose of the writ petition on
the following conditions:
i) The petitioner shall pay the amount of
Rs.87,63,240/- (Rupees eighty seven lakh sixty
three thousand two hundred and forty only) in 15
equated monthly instalments, commencing from
01.06.2024 and continue to pay the subsequent
instalments on the 1st day of succeeding months.
ii) In the event of any single default in payment as
directed above, the respondent bank shall be free
to continue the recovery proceedings from the
stage at which they presently stand.
iii) It is made clear that if the petitioner complies
with the aforesaid directions, further proceedings
for recovery shall be kept in abeyance.
With the above said directions, this writ petition is disposed
of.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 17654/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED 4.05.2023
IN O.A NO: 151/2020 ON THE FILES OF THE
DEBT RECOVERY TRIBUNAL, ERNAKULAM
Exhibit P2 A TRUE COPY OF THE NOTICE SERVED UPON THE
PETITIONER BY THE ADVOCATE COMMISSIONER
APPOINTED IN M.C NO: 534/2023 ON THE
FILES OF THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, (MP/MLA) COURT, ERNAKULAM
DATED 3.05.2024
Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE IN DRC
NO: 124/2023 IN O.A NO: 151/2020 ON THE
FILES OF THE DEBT RECOVERY TRIBUNAL -I,
ERNAKULAM SERVED UPON THE PETITIONER
Exhibit P4 A TRUE COPY OF THE DISABILITY CERTIFICATE
NO: DI 19/05/2019 DATED 7.05.2019 ISSUED
BY THE DEPARTMENT OF HEALTH SERVICES,
GOVERNMENT OF KERALA TO THE PETITIONER'S
DAUGHTER JASMIN JOMON
