Kerala High Court
Joseph Joseph vs Kerala Gramin Bank on 17 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
WP(C) NO. 9634 OF 2024
PETITIONERS:
1 JOSEPH JOSEPH,AGED 42 YEARS
S/O. JOSEPH.E.J, EDAPPADIYIL HOUSE, ATTAPALLAM.P.O.,.
KUMILY, IDUKKI DISTRICT, PIN - 685509
2 ANNAMMA JOSEPH,AGED 38 YEARS
D/O. JOSEPH, ANNAVILLA HOUSE, AMARAVATHI.P.O. KUMILY,
IDUKKI DISTRICT, PIN - 685509
BY ADVS.
G.HARIHARAN
SHINE VARGHESE
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
SUBYMOL K.J.
V.R.SANJEEV KUMAR
V.ROHITH
AFNA V.P.
RESPONDENTS:
KERALA GRAMIN BANK
KUMILY BRANCH, KUMILI PARUNTHRICKAL BUILDING,
KUMILY.P.O., IDUKKI DISTRICT REPRESENTED BY ITS BRANCH
MANAGER, PIN - 685509
BY ADVS.
K.MADHUSOODANAN
MATHEW JACOB (KUNNATHU)(K/398/2013)
SYRIAC JOSEPH(K/304/1980)
K.P.VRINDA(V-205)
GP- SONY K.B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.9634 of 2024 2
VIJU ABRAHAM,J
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W.P.(C).No.9634 of 2024
---------------------------------
Dated this the 17th day of May, 2024
JUDGMENT
The petitioners have approached this Court
seeking a direction to the respondent to permit the
petitioners to clear off the loan amount demanded in
Exts.P2 and P3 notices in 20 equal monthly
instalments.
2. The learned Standing Counsel for the respondent
bank submits that the petitioners cannot be granted
20 instalments, but some indulgence could be shown,
on condition that the petitioners pay the amount
within the time granted by this Court with a rider
that the bank will be free to proceed in case of
default of a single instalment. The learned Standing
Counsel further submits that the overdue amount in
one of the loan is Rs.5,43,906.17/- and on payment
of the said amount, the loan could be regularized.
Whereas the total amount due as regard the other
loan is concerned is Rs.82,468.96/-, for which there
is no chance for regularisation and the amount has
to be paid in full.
After hearing both sides, I am inclined to
dispose of the writ petition as follows:
i) The petitioners shall pay the amount of
Rs.5,43,906.17/- and Rs.82,468.96/- in 12 equated
monthly installments, commencing from 01.06.2024
and continue to pay the subsequent installments on
the 1st day of succeeding months. Petitioners shall
also pay the regular EMIs in the first loan, as
per the loan schedule.
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 petitioners
comply with the aforesaid directions, further
proceedings for recovery shall be kept in abeyance
and that the bank shall regularise the first loan.
With the above said directions, this writ petition
is disposed of.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 9634/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGE OF THE
PASS BOOK OF THE LOAN AVAILED BY THE
PETITIONER ON 24.12.2019 EVIDENCING
BORROWING THE LOAN OF RS.5 LAKHS
Exhibit P2 A TRUE COPY OF THE LAWYER NOTICE DATED
03.01.2024 SENT ON BEHALF OF THE
RESPONDENT BANK BY THE ADVOCATE
K.VIJAYAN, PEERMADE
Exhibit P3 A TRUE COPY OF THE UNREADABLE NOTICE
DATED 30.01.2024 SENT BY THE RESPONDENT
BANK ADDRESSED TO THE 1ST PETITIONER U/S
13(2) OF THE SARFAESI ACT
Exhibit P4 A TRUE COPY OF THE BASIC TAX RECEIPT
DATED 29.12.2021 EVIDENCING THE OWNERSHIP
OF THE LAND COMPRISED IN SURVEY NO.2/1-
625-4-1 OF KUMILY VILLAGE EXTENDING TO
1.21 ARES
Exhibit P5 A TRUE COPY OF THE DEATH CERTIFICATE
DATED 09.01.2023 OF MR. JOSEPH ISSUED BY
REGISTRAR OF BIRTHS AND DEATHS, KUMILY
GRAMA PANCHAYATH
