Kerala High Court
Husna Naushad Ummer Ismail vs State Bank Of India on 2 December, 2022
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 36111 OF 2022
PETITIONER:
HUSNA NAUSHAD UMMER ISMAIL,
AGED 28 YEARS
D/O. NAUSHAD UMMER ISMAIL, RESIDING AT FLAT 22,
BUILDING 1729, ROAD 1729, BLOCK 111, NEW HIDD,
KINDGOM OF BAHRAIN, (PERMANENT ADDRESS: HOUSE NO.
2/588, AMBAZHATHIL HOUSE, METHANAM BUS STAND,
ELOOR NORTH, UDYOGAMANDAL P.O., ERNAKULAM - 683501,
REPRESENTED BY POWER OF ATTORNEY HOLDER
SHAMEER BABU K K, AGED 44 YEARS,
KARTHANDAPARAMBIL HOUSE, AZHIKODE JETTY, AZHIKODE,
THRISSUR, PIN - 680666
BY ADV RENI JAMES
RESPONDENT:
STATE BANK OF INDIA
REPRESENTED BY ITS AUTHORIZED OFFICER,
RACPC I, ERNAKULAM, PIN - 682025
BY ADV
SRI.JITHESH MENON
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.36111 of 2022 2
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.36111 of 2022
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Dated this the 2nd day of December, 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 outstanding amount in instalments.
3. It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the outstanding amount is Rs.42,99,000/- as on 31.08.2022. 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 outstanding amount in limited instalments.
4. I have heard Sri.Reni James, learned counsel for the petitioner as well as Sri.Jithesh Menon, the learned Standing Counsel for the respondent.
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 outstanding amount in eighteen instalments.
W.P.(C) No.36111 of 2022 3
6. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.42,99,000/- along with bank charges from the petitioner on the following conditions:
i. The outstanding amount of Rs.42,99,000/- shall be repaid in eighteen equated monthly instalments.
ii. The first instalment shall be paid on or before 02.01.2023 and the remaining instalments shall be paid on or before the 2nd day of the succeeding months.
iii. In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.
iv. 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.
BECHU KURIAN THOMAS JUDGE jka/01.12.22 W.P.(C) No.36111 of 2022 4 APPENDIX OF WP(C).No. 36111/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY Exhibit P2 TRUE COPY OF THE NOTICE DATED 16.03.2022 Exhibit P3 TRUE COPY OF THE REQUESTS MADE BY THE PETITIONER THROUGH E-MAIL TO THE RESPONDENT BANK Exhibit P3(a) TRUE COPY OF THE REQUESTS MADE BY THE PETITIONER THROUGH E-MAIL TO THE RESPONDENT BANK