IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 9^TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943 WP(C) NO. 7836 OF 2022 PETITIONER:

MUMTHAS PUTHEN PURAYIL, AGED 55 YEARS W/O. HAMSA K.K, HAMRAZ, KAPPARA, MANGATTIDAM P.O., KOOTHUPARAMBA, KANNUR 670 643.

BY ADVS.

K.SIJU ANJANA KANNATH T.S.SREEKUTTY RESPONDENTS:

1 KERALA STATE CO-OPERATIVE BANK, KANNUR REGIONAL OFFICE, PB NO. 35, KANNUR 670 001 REPRESENTED BY ITS REGIONAL MANAGER.

2 THE BRANCH MANAGER, EVENING BRANCH, KERALA STATE CO OPERATIVE BANK, KUTHUPARAMBA BRANCH, KUTHUPARAMBA KANNUR 670 643.

3 THE AUTHORIZED OFFICER, KERALA STATE CO -OPERATIVE BANK KANNUR REGIONAL OFFICE, PB NO. 35, KANNUR 670 001.

OTHER PRESENT:

ADV.M.SASINDRAN-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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W.P.(C) No. 7836 of 2022 ----------------------------------------

Dated this the 9th 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 is Rs.11,24,651/-. 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.Siju Kamalasanan, the learned counsel for the petitioner as well as Sri.M.Sasindran, 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 ‘15’ 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.11,24,651/- 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.11,24,651/-

shall be repaid in ‘15’ equated monthly instalments.

(ii) The first instalment shall be paid on or before 30/03/2022.

(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.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF WP(C) 7836/2022 PETITIONER’S EXHIBITS :

Exhibit P1 THE COPY OF STATEMENT OF ACCOUNT OF THE LOAN ACCOUNT OF THE PETITIONER.

Exhibit P2 THE COPY OF NOTICE ISSUED BY THE COMMISSIONER DATED 21.12.2021.

RESPONDENT’S EXHIBITS : NIL AJM //TRUE COPY// PA TO JUDGE