Sheeja Prasad vs Alleppey Urban Co-Operative Bank Ltd on 13 December, 2019

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Kerala High Court

Sheeja Prasad vs Alleppey Urban Co-Operative Bank Ltd on 13 December, 2019

Bench: S.V.Bhatti

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                  THE HONOURABLE MR.JUSTICE S.V.BHATTI

  FRIDAY, THE 13TH DAY OF DECEMBER 2019 / 22ND AGRAHAYANA, 1941

                       WP(C).No.34167 OF 2019(U)


PETITIONER/S:

                SHEEJA PRASAD
                W/O. PRASAD, 'PRASHIN NIVAS', AVALOOKKUNNU P. O.,
                ALAPPUZHA - 688006.

                BY ADVS.
                SRI.A.KRISHNAN
                SRI.R.UMASANKAR

RESPONDENT/S:

                ALLEPPEY URBAN CO-OPERATIVE BANK LTD.
                PITCHU IYER JUNCTION, ALAPPUZHA - 688011, REPRESENTED
                BY ITS MANAGER.



                SC R. AZAD BABU

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.34167 OF 2019(U)

                                -2-




                           JUDGMENT

Heard Adv. A Krishnan for petitioner and Adv. Azad Babu for respondent.

2. The petitioner prays for the following reliefs:-

"i. Through issuing appropriate writ, order or direction grant the petitioner permission to pay off the overdue amount of Rs.1,50,000/- in 12 equal monthly installments.

ii. Through issuing a writ of mandamus or any other appropriate writ, order or direction command the respondents to defer all distress actions against the petitioner on the strength of the undertaking obtained from the petitioner."

3. The petitioner states that the petitioner in spite of adverse market conditions and insufficient cash flow; is interested in regularising the loan account while continuing to pay the regular instalments and for the said purpose seeks the indulgence of this Court to grant reasonable time to clear the overdue amount.

WP(C).No.34167 OF 2019(U) -3-

4. Adv.Azad Babu, appearing for respondents submits that the Writ Petition is filed without making such request before the respondent bank. The petitioner, if proves bona fides in clearing the overdue amount and continuing to pay the regular installments, the bank has no difficulty in considering the request of petitioner. It is argued that the instalments are agreed terms between the parties under the loan agreement and are binding unless otherwise changed on mutually agreed terms. In exceptional circumstances, this Court can grant additional instalments or reschedule the agreed instalments. But the case on hand does not present such exceptional circumstances. The petitioner if proves bona fides, the respondent bank would certainly consider the request of petitioner for granting or rescheduling the instalments.

5. The submissions made by the learned counsel are noted. The petitioner, since is not pressing the writ prayers, WP(C).No.34167 OF 2019(U) -4- this Court is not proposing to examine the objection raised by respondent, namely substituting instalments in the place of already agreed instalments or change time schedule in exercising its jurisdiction under Article 226 of the Constitution. Keeping in perspective the stand of the Advocate appearing for the respondent bank and to meet the ends of justice, I am satisfied that the Writ Petition can be disposed of by this order.

(a) The petitioner is given liberty to request within two weeks from today the respondent bank, by enclosing a copy of this judgment, for granting instalments/time for payment of the overdue amount, while continuing to pay the regular instalments.

(b) The petitioner is directed to deposit Rs.30,000/-

(Rupees Thirty thousand only) within four weeks from today.

(c) Upon the petitioner complying with the said WP(C).No.34167 OF 2019(U) -5- condition, the respondent bank considers the request of petitioner for granting instalments/time as may be warranted in this behalf.

(d) The instalments so facilitated by the respondent bank, it is needless to observe, shall be independent of regular instalments under the loan agreement.

(e) A decision on the request is taken and communicated to petitioner within six weeks from today.

(f) The respondents are directed not to take coercive steps for six weeks from today subject to petitioner complying with the above direction.

Sd/-

S.V.BHATTI JUDGE JS WP(C).No.34167 OF 2019(U) -6- APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P TRUE COPY OF THE RELEVANT PAGE OF LOAN PASS BOOK.

EXHIBIT P1 TRUE COPY OF THE RECEIPTS FOR PAYMENTS MADE.

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