Kerala High Court
Raghu K.P vs Union Bank Of India on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:77283
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 35405 OF 2024
PETITIONER:
RAGHU K.P,
AGED 66 YEARS
S/O PURUSHOTHAMAN, KURUPPANPARAMBATH HOUSE,
MUPPATHADAM P.O, ERNAKULAM DISTRICT,, PIN -
683110
BY ADVS.
ADITHYA RAJEEV
S.PARVATHI
RESPONDENTS:
1 UNION BANK OF INDIA
BINANIPURAM BRANCH, DOOR NO.461/D, KADUNGALLOOR
PANCHAYAT, PANCHAYAT JUNCTION, MUPPATHADAM P.O,
ALUVA, ERNAKULAM DISTRICT. REPRESENTED BY ITS
BRANCH MANAGER, PIN - 683502
2 AUTHORISED OFFICER, UNION BANK OF INDIA
ASSET RECOVERY BRANCH, ERNAKULAM, 2ND FLOOR,
UNION BANK BHAVAN, M.G ROAD, ERNAKULAM DISTRICT.,
PIN - 682035
BY ADVS.
ASP.KURUP -SC
SADCHITH.P.KURUP(K/1419/2002)
C.P.ANIL RAJ(K/872/2007)
SIVA SURESH(K/2688/2022)
B.SREEDEVI(K/169/2024)
ATHIRA VIJAYAN(K/199/2024)
W.P.(C).No.35405 of 2024
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2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.35405 of 2024
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3
JUDGMENT
(Dated this the 17th day of October, 2024)
This is the 2nd writ petition filed by the petitioner.
The 1st writ petition filed by the petitioner in W.P.
(C).No.27497/2023 was disposed of by this Court vide
judgment dated 18.08.2023. In respect of two loans, the
total outstanding amount is Rs.40,12,000/-.
2. The learned counsel for the respondent Bank
submits that the loan accounts of the petitioner cannot be
regularized as the Bank has already filed Original
Application, and if the petitioner is willing to discharge the
liability he must show his bona fide by making the
substantial payment, and remaining amount can be paid in
few instalments as this Court may fix, along with the future
interest.
3. Considering the aforesaid stand of the
respondent Bank, the present Writ Petition is disposed of on
the following terms.
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i) The petitioner shall pay Rs.8,00,000/- on or before
15.11.2024 and the remaining outstanding amount in 12
equal monthly instalments along with future interest if any.
ii) The first instalment is to be paid on or before
15.12.2024, and the remaining 11 instalments on or before
15th day of each succeeding month thereafter.
iii) In case of failure to make payment of
Rs.8,00,000/- or any other instalments as directed above,
the Bank shall be free to proceed further against the
petitioner to realize its outstanding dues.
Sd/-
D. K. SINGH
JUDGE
Mms
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APPENDIX OF WP(C) 35405/2024
PETITIONER'S EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE RECALL NOTICE DATED
18.08.2023 ISSUED BY THE BRANCH MANAGER
OF THE 1ST RESPONDENT
EXHIBIT-P2 A TRUE COPY OF THE JUDGMENT DATED 18-
08-2023 IN W.P.(C) NO. 27497 OF 2023 OF
THIS HON'BLE COURT
EXHIBIT-P3 A TRUE COPY OF THE COMMUNICATION DATED
15.09.2023 ISSUED BY THE BRANCH MANAGER
OF THE 1ST RESPONDENT
EXHIBIT-P4 A TRUE COPY OF THE NOTICE TO THE
BORROWER INFORMING ABOUT SALE (30-DAY
NOTICE) DATED 10.09.2024, ISSUED BY THE
2ND RESPONDENT
