IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 30TH DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 WP(C) NO. 11191 OF 2022 PETITIONER :
SAJIMON P., AGED 38 YEARS, S/O. PURUSHOTHAKUMAR NAIR, 4/18, THACHAKUDIVILAKATHU VEEDU, ANANTHAMANGALAM, PANIKULAM, KANYAKUMARI - 629173.
BY ADV M.R.SARIN RESPONDENTS :
1 THE HDFC BANK, REPRESENTED BY ITS AUTHORISED OFFICER, HDFC HOUSE, P O BOX NO. 2288, VAZHUTHACAUD, TRIVANDRUM - 695010.
2 THE AUTHORISED OFFICER, THE HDFC BANK, HDFC HOUSE, P O BOX NO. 2288, VAZHUTHACAUD, TRIVANDRUM - 695010.
BY ADVS.
SRI.K.K.CHANDRAN PILLAI, SC, HDFC S.AMBILY MICKY THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
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W.P.(C) No.11191 of 2022 =-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 30th day of March, 2022
JUDGMENT
Petitioner as borrower from the respondent bank, has committed default in repayment. Consequently, proceedings have been initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount under three loan accounts is Rs.5,26,872/-. It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan account.
4. I have heard Sri.M.R.Sarin Panicker, learned counsel for the petitioner as well as Smt.S.Ambily, the learned Standing Counsel for the respondents.
5. Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the overdue amount in '8' instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.
6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.5,26,872/- along with bank charges from the petitioner and regularise the loan account of the petitioner on the following conditions :
(i) The overdue amount of Rs.5,26,872/- shall be repaid in '8' equated monthly instalments.
(ii) The first instalment shall be paid on or before
30.04.2022 and the remaining instalments shall be paid on or before the 30th day of the succeeding months.
(iii) Petitioner shall continue to pay the regular EMI’s along with the instalments directed above.
(iv) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.
(v) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.
The writ petition is disposed of as above.
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