Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE2D DAY OF APRIL201412TH CHAITHRA, 1936 WP(C).No. 9668 of 2014 (G) --------------------------- PETITIONER(S): -------------------------- 1. JOY P.C.,S/O.CHACKO, AGED42 PAZHAMCHIRAYIL HOUSE, ERAVIMANGALAM KARA, MANJOOR VILLAGE, MANJOOR PO, VYKOM TALUK, KOTTAYAM DT, PIN - 686 603.
2. RAJI JOY, W/O.JOY P.C., AGED42 PAZHAMCHIRAYIL HOUSE, ERAVIMANGALAM KARA, MANJOOR VILLAGE, MANJOOR PO, VYKOM TALUK, KOTTAYAM DT, PIN - 686 603. BY ADV. SMT.M.R.REENA RESPONDENT(S): ---------------------------- 1. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, KURUPPANTHARA BRANCH, MANJOOR PO, VYKOM TALUK, KOTTAYAM DT, PIN - 686 603.
2. THE AUTHORIZED OFFICER/CHIEF MANAGER, STATE BANK OF TRAVANCORE, KURUPPANTHARA BRANCH, MANJOOR PO, VYKOM TALUK, KOTTAYAM DT, PIN - 686 603. R1 & R2 BY ADV. SRI.K.S.DILIP,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0204-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9668/2014 (G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEMAND NOTICE DTD. 09/01/2014 ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE DEMAND NOTICE DTD. 09/01/2014 ISSUED TO THE WIFE OF THE PETITIONER. EXT.P3: COPY OF THE POSSESSION NOTICE DTD. 12/03/2014 ISSUED TO THE PETITIONER. EXT.P4: COPY OF THE POSSESSION NOTICE DTD. 12/03/2014 ISSUED TO THE WIFE OF THE PETITIONER. EXT.P5: COPY OF THE REPRESENTATION GIVEN TO THE RESPONDENT DTD. 17/03/2014. EXT.P6: COPY OF THE STATEMENT OF ACCOUNTS OF THE WIFE OF THE PETITIONER DTD. 23/08/2013 ISSUED BY THE RESPONDENTS. EXT.P7: COPY OF THE REQUEST LETTER GIVEN BY THE WIFE OF THE PETITIONER TO THE CHIEF MANAGER OF THE BANK DTD. 27/03/2014. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J.
--------------------------------------------- W.P.(C) No.9668 of 2014-G ---------------------------------------------- Dated this the 2nd day of April, 2014
JUDGMENT
The petitioners, husband and wife have availed a total of five loans from the respondents. The repayment of the said loans has not been regular and the instalments are remaining in default. The bank has initiated proceedings for the recovery of the entire defaulted amount. The petitioners seek permission to regularise the accounts by paying the defaulted amounts. They seek the grant of a facility to pay the defaulted amount in ten instalments.
2. The counsel for the respondents opposes the plea for payment of the defaulted amount in instalments. According to the counsel, the total amount remaining in default, at present works out to 27.77 lakhs. If the said amount is paid within a very short period, he assures that the accounts would be regularised.
3. Having considered the contentions of the -:2:- W.P.(C) No.9668 of 2014-G respective counsel, I am satisfied that this writ petition can be disposed of permitting the petitioner to pay the defaulted amount in six monthly instalments. This writ petition is therefore disposed as follows:- 1.The petitioners shall pay the entire defaulted amount of 27.77 lakhs in six equal monthly instalments. 2.The first instalment shall be paid on or before 30.04.2014 and the remaining instalments shall be paid on or before the 30th day of each succeeding month thereafter. 3.If the petitioners pay off the entire amount defaulted in accordance with the above directions, the respondents shall regularise the bank accounts of the petitioners. 4.In the event of there being any default on the part of the petitioners in paying the instalments as stipulated above, the petitioners shall forfeit -:3:- W.P.(C) No.9668 of 2014-G the benefit of the above directions and the bank shall be at liberty to initiate further action in accordance with law to recover the entire amount. K.SURENDRA MOHAN, JUDGE kkj