IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 8^TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WP(C) NO. 13599 OF 2022 PETITIONER/S:

1. SHIBU V.G AGED 46 YEARS S/O GOPALAKRISHNAN, PRANAVAM, KAVUMANNAM P.O., WAYANAD DISTRICT, PIN – 673122

2. SURESH BABU K., AGED 49, S/O C.V.RAMACHANDRAN, BABU NIVAS, VADUVANCHAL P.O., NOW RESIDNG AT ABHI NIVAS, DOWN BAZAR, MANANTHWADY, WAYANAD DISTRICT - 670645 BY ADVS.

MATHEW KURIAKOSE J.KRISHNAKUMAR (ADOOR)

MONI GEORGE RESPONDENT/S:

1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695001

2. THE DISTRICT MEDICAL OFFICER (HEALTH), WAYANAD, MANANTHAWADY, WAYANAD DISTRICT – 670645

3. THE MEDICAL OFFICER, CHC PORUNNANNUR, WAYANAD DISTRICT PIN – 670645

4. THE KERALA STATE COOPERATIVE BANK LTD., REPRESENTED BY THE MANAGER, CREDIT PROCESSING CENTRE, WAYANAD, KALPETTA NORTH, WAYANAD DISTRICT – 673122

5. THE AUTHORISED OFFICER, THE KERALA STATE COOPERATIVE BANK LTD., WAYANAD, KALPETTA NORTH, WAYANAD DISTRICT – 673122

6. THE MANAGER, WAYANAD DISTRICT COOPERATIVE BANK LTD., (NOW KERALA STATE COOPERATIVE BANK LTD.)

KALPETTA MAIN BRANCH, KALPETTA NORTH – 673122 SC-SRI.ATHUL SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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W.P.(C).No.13599 of 2022 =========================

Dated this the 8^th day of April, 2022

JUDGMENT

Petitioners as borrowers from the respondent bank, have committed default in repayment. Consequently, proceedings have been initiated by the bank for recovery of the amounts due.

2. During the course of hearing, petitioners have 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 petitioners committed default in repayment and the overdue amount is Rs.17,47,451/-. 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 Adv.Mathew Kuriakose, learned counsel for the petitioners as well as Adv.Athul Shaji, the learned 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 petitioners can be granted an opportunity to repay the overdue amount in ‘eighteen’ 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.17,47,451/- along with bank charges from the petitioners and regularise the loan account of the petitioners on the following conditions:

(i) The overdue amount of Rs.17,47,451/- shall be repaid in ‘eighteen’ equated monthly instalments.

(ii) The first instalment shall be paid on or before 08.05.2022 and the remaining instalments shall be paid on or before the 8^th of the succeeding months.

(iii) Petitioners 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 petitioners 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 uu APPENDIX PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 16.03.2022 ISSUED BY THE

5TH RESPONDENT TO THE PETITIONERS EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 25.03.2022 ISSUED BY THE

4TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE SALARY CERTIFICATE OF