2022 Supreme(Online)(KER) 21680
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 11TH DAY OF JANUARY 2022/21ST POUSHA, 1943 WP(C) NO. 30299 OF 2021 PETITIONERS:
1 RAJEENA ANIL, AGED 38 YEARS, W/O.ANIL KUMAR, RAJEEV BHAVAN, NEDUVATHUR, ANAKOTTOOR (P.O.), KOTTARAKKARA TALUK, KOLLAM DISTRICT PIN 691 505.
2 R.PRABHAKARAN PILLAI, RAJEEV BAHAVAN, ANAKOTTOOR P.O., KOTTARAKKARA TALUK, KOLLAM DISTRICT PIN 691 505.
BY ADVS.
K.V.ANIL KUMAR SWAPNA VIJAYAN RESPONDENTS:
1 THE REGIONAL MANAGER, FEDERAL BANK REGIONAL OFFICE, KURUMPELIL AVENUE, POLAYATHODE P.O., KOLLAM PIN 691 021.
2 THE BRANCH MANAGER, FEDERAL BANK LTD., GANAPATHIKOVIL BRANCH, KOTTARAKKARA P.O., KOLLAM DISTRICT PIN 691 506.
BY SRI.PAULOCHAN ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 11th day of January, 2022 The petitioners, who have availed two loans from the
2nd respondent-Bank, have approached this Court seeking to direct the respondents not to initiate any further proceedings in the petitioners' property, with respect to the two loans availed from the 2nd respondent-Bank, and to permit them to repay the overdue amount in instalments and regularise the loan.
2. The petitioners have been issued with Ext.P1 registered notice calling upon the petitioners to pay the balance due with interest and notice charges, within ten days from the date of receipt of the notice. If the petitioners fail to comply with the demand within the stipulated time, without any further reference, legal action will be initiated against the petitioners for realisation of the total balance due.
3. The learned counsel for the petitioners submits that due to COVID-19 pandemic and the loss of job of the 1st petitioner's husband, remittances could not be made promptly and if the petitioners are granted time to pay the outstanding amounts in instalments, the petitioners will be able to clear the outstanding dues.
4. The learned Standing Counsel for the respondents submits that Ext.P1 is only a legal notice issued to the petitioners and if the petitioners make appropriate application/representation requesting to permit them to pay in convenient instalments, the respondents will consider the same in accordance with the rules and regulations of the Bank. Therefore, no other orders are required in this writ petition.
5. I have heard the learned counsel for the petitioners and the learned Standing Counsel representing the respondents.
6. In view of the submission made on behalf of the respondents this Court is of the view that the petitioners can place their request before the 2nd respondent. If the petitioners submit such a request within a period of one week, the 2nd respondent will take a decision thereon as expeditiously as possible.
The writ petition is disposed of with the above direction.