Disposed

Balan, v. Authorized Officer Syndicate Bank

Kerala HC10 Jan 2020WP(C)/29280/2019

Case brief

AI extract

What is this about?

The Court directed the respondent bank to furnish an authenticated statement of accounts showing total dues and calculation details. The petitioner was ordered to clear the balance due in 8 equal monthly instalments starting 30-01-2020 while continuing regular EMIs. Impugned proceedings were kept in abeyance contingent on compliance.

What did the court decide?

Petitioner allowed 8 months to clear over dues in instalments; impugned proceedings stayed subject to compliance.

Balan, Vs Authorized Officer Syndicate Bank — Banking and Recovery | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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FRIDAY, THE 10TH DAY OF JANUARY 2020 / 20TH POUSHA, 1941

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WP(C).No.29280 OF 2019(H)

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PETITIONER:

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BALAN, AGED 59 YEARS S/O RAMAN,VANGAVILAVEEDU, NEAR TELEPHONE EXCHANGE, MANALIL.P.O,YEROOR, KOLLAM-691312.

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BY ADVS. SRI.G.RANJU MOHAN SMT.M.SANTHI (K/868/2011)

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RESPONDENT:

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AUTHORIZED OFFICER SYNDICATE BANK, SYNDICATE BANK,REGIONAL OFFICE, THIRUVANANTHAPURAM-695001.

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BY ADV. SRI.R.S.KALKURA-R1

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C). No. 29280 of 2019

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ALEXANDER THOMAS, J.

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W.P(C). No. 29280 of 2019

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Dated this the 10^th day of January, 2020

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JUDGMENT

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The prayers in the above writ petition (Civil) are as follows:-

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“i) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondent to allow the petitioner to clear off the dues in 15 equal instalments.

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ii) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case.”

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Heard Sri.Ranju Mohan, the learned counsel appearing for

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the petitioner and R.S.Kalkura, the learned Standing Counsel Syndicate Bank appearing for the respondent.

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Sri.R.S.Kalkura, the learned Standing counsel appearing for the respondent Syndicate Bank would submit on the basis of instructions form the party that the petitioner has complied with the interim order dated 31-10-2019, to pay an amount of Rs.15,000/- but that he has not so far complied with the subsequent interim order dated 09-12-2019 in the matter of payment of Rs.15,000 on or before 09-01-2020 and that the over dues as on 09-12-2019 pertaining to his loan account is Rs.3,49,211/- (Rupees Three Lakhs Forty Nine Thousand Two Hundred

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W.P(C). No. 29280 of 2019

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and Eleven only) for regularisation of account and that the respondent Bank is prepared to give instalment facilities to enabling the petitioner to clear the balance over dues in 6 monthly instalments starting from 30-01-2020 and that until then, further steps pursuant to the impugned proceedings will be kept in abeyance by the Bank. Further that subject to the conditions that the petitioner should pay all applicable charges and interests and should also clear the regular EMI instalments in-time and that in case the petitioner defaults any of the conditions, then the respondent Bank will be at liberty to proceed further with the impugned proceedings, from the stage where it has stopped.

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Sri.Ranju Mohan, the learned counsel appearing for the petitioner would submit on the basis of instructions from the party that the petitioner is agreeable to these terms and conditions except that, he may be given 8 months time to clear the balance over dues.

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The respondent Bank does not appear to held very serious objections to the plea made for the payment of over dues by the petitioner in instalments within 8 months.

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Accordingly, the following directions and orders are issued:

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(i) The competent official of the respondent bank shall immediately furnish a comprehensive and authenticated

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W.P(C). No. 29280 of 2019

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statement of accounts pertaining to the instant loan transaction so as to precisely and clearly show the total dues to be paid by the borrower in the above transaction and the details may also be shown in the said statement, as to how the said figures have been arrived at, to the petitioner and this may be done within one week.

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(ii) The petitioner shall clear the entire due amounts with all applicable charges and interest in 8 equal monthly instalments starting from 30-01-2020 and ending on 30-08-2020. Until then, further steps pursuant to the impugned proceedings shall be kept in abeyance. Further that the petitioner shall pay the regular EMI in time without fail.

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(iii) In case the petitioner complies with the abovesaid directions, then the impugned proceedings shall be kept in abeyance. Further in case the petitioner does not pay any of the instalments, then the respondent bank will be at liberty to proceed further with the impugned steps from the stage where it has stopped.

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With these observations and directions, the Writ Petition (Civil) stands finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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KAS

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W.P(C). No. 29280 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE.

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RESPONDENT'S/S EXHIBITS: NIL

Balan, v. Authorized Officer Syndicate Bank

Case brief

What is this about?

What did the court decide?

Balan, v. Authorized Officer Syndicate Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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