High CourtsDivision Bench(2019) 06 KL CK 0004

Abdul Nissar vs Corporation Bank

High Court Of Kerala · Decided on 3 June 2019

HON’BLE JUDGES
Hrishikesh Roy, J · A.K.Jayasankaran Nambiar, J
RESULT
Disposed Off
CASE NUMBER
Bail Application No. 1279 Of 2019

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Judgment

12 paragraphs · 224 words

Hrishikesh Roy, CJ

1.

In pursuance to our last order dated 23.5.2019, the appellant who had secured two loans from the Kallambalam Branch of the Corporation Bank,

has remitted Rs.2,00,000/- to the Bank. The payment so made would indicate that the appellant is willing to clear the outstanding loan dues. The

grievance of the borrower however relates to the unbearable instalment payment, stipulated by the learned single Judge.

2.

On consideration of the above projection made by Smt.Lekha.V.R. as the learned counsel for the appellant and then hearing Sri.S.B.Premachadra

Prabhu, the learned counsel appearing for the respondents Bank and taking note of the recent remittance of Rs.2,00,000/- on 30.5.2019 by the

borrower, we deem it appropriate to permit repayment of the outstanding dues of both the loan accounts (stated to be Rs.8,00,000/-), in six equal

monthly instalments, commencing from 1.7.2019. It is made clear that this shall be in addition to the regular instalments payable in accordance with the

original loan schedule in both loan accounts. If the petitioner makes the payment in terms of the conditions aforementioned, the recovery steps, if any,

initiated by the Bank shall be kept in abeyance. On the other hand, if the petitioner defaults any instalment, it will be open to the Bank to proceed with

recovery proceedings.

3.

With the above order, the Writ Appeal is closed.