Allowed

Shamsudheen K.K. v. the Authorized Officer

Kerala HC3 Dec 2021WP(C)/26096/2021

Case brief

AI extract

What is this about?

In a writ petition, the High Court allowed the borrower to regularise his defaulted loan account by repaying the overdue amount in 9 monthly instalments, directing the bank to keep coercive proceedings in abeyance.

What did the court decide?

Direction to respondent bank to accept repayment of entire overdue amount and regularise the loan account in 9 monthly instalments, keeping coercive proceedings in abeyance.

Shamsudheen K.K. Vs the Authorized Officer — Contract and Commercial Disputes | Kerala HC (2021)

¶1

W.P.(C) No.26096/2021

¶2

-:1:-

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶6

FRIDAY, THE 3^RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943

¶7

WP(C) NO. 26096 OF 2021

¶8

PETITIONER/:

¶9

SHAMSUDHEEN K.K.

¶10

AGED 34 YEARS S/O. ADBULLA, KURINHIKKULANGARA HOUSE, NIT P.O., KOZHIKODE DISTRICT 673 601.

¶11

BY ADVS. M.MUHAMMED SHAFI T.RASINI

¶12

RESPONDENTS:

¶13

1 THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD. (RECOVERY SECTION), KALLAI ROAD, P.O., CHALAPPURAM, KOZHIKODE DISTRICT 673 001.

¶14

2 THE KERALA STATE CO-OPERATIVE BANK LTD. P.O. KUNNAMANGALAM, KOZHIKODE DISTRICT 673 570, REP RESENTED BY ITS BANK MANAGER.

¶15

BY ADV SRI.P.C.SASIDHARAN, SC, KOZHIKODE DISTRICT CO-OPERATIVE BANK

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

W.P.(C) No.26096/2021

¶18

-:2:-

¶19

BECHU KURIAN THOMAS, J.

¶20

----------------------------------------W.P.(C) No.26096 of 2021

¶21

Dated this the 3^rd day of December, 2021

¶22

JUDGMENT

¶23

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.

¶24

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.

¶25

It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the overdue amount is Rs.8,48,857/-. 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. The counsel for the respondents further submitted that the period of loan was 100 months.

¶26

I have heard Adv. Muhammed Shafi.M., learned counsel for the petitioner as well as Adv.P.C.Sasidharan, the learned counsel for the respondents.

¶27

W.P.(C) No.26096/2021

¶28

-:3:-

¶29

Having regard to the circumstances of the case and the

¶30

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 9 instalments and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised.

¶31

Accordingly, there will be a direction to the respondent bank

¶32

to accept repayment of the entire overdue amount of Rs.8,48,857/along with bank charges from the petitioner and regularise the loan

¶33

account of the petitioner on the following conditions:

¶34

(i) The overdue amount of Rs.8,48,857/- shall be repaid in 9 equated monthly instalments.

¶35

(ii) The first instalment shall be paid on or before 31.12.2021.

¶36

(iii) Petitioner shall continue to pay the regular EMI’s along with the instalments directed above.

¶37

(iv) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

¶38

(v) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

¶39

The writ petition is disposed of as above.

¶40

Sd/-

¶41

BECHU KURIAN THOMAS JUDGE

¶42

al/-

¶43

W.P.(C) No.26096/2021

¶44

-:4:-

¶45

APPENDIX OF WP(C) 26096/2021

¶46

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE IST RESPONDENT DATED 22.05.2019. Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE IST RESPONDENT DATED 24.03.2021. Exhibit P3 TRUE COPY OF THE NOTICE DATED 12.11.2021 ISSUED BY THE IST RESPONDENT.

Shamsudheen K.K. v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

Shamsudheen K.K. v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vilasini Vs the State of Kerala

Biji Mathew Vs Sibi Varkery

T.P.Tomy Vs State of Kerala

Manoj Vs State of Kerala

Baliya Nayak Vs State of Kerala

Muhammad Musthafa Vs State of Kerala