High CourtsSingle Bench(2022) 03 KL CK 0226

Mini Mohanan vs Chalakudy Service Co Operative Bank

High Court Of Kerala · Decided on 25 March 2022

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 7516 Of 2022

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Judgment

11 paragraphs · 248 words

Sathish Ninan, J

1.

Repayment of the credit facility availed by the petitioner from the respondent Bank was defaulted. Recovery proceedings have been initiated by the Bank. The petitioner seeks for regularisation of the loan.

2.

Heard the learned counsel for the petitioner and Sri.T.N.Manoj the learned standing counsel for the Bank. I have also perused the statement filed by the Bank.

3.

The learned counsel for the petitioner projects grave financial difficulties faced by the petitioner and prays for an easy instalment facility for regualrisation. The request is stoutly opposed by the learned standing counsel for the Bank.

4.

Considering the financial constraints pointed out by the petitioner, the fact that further term is available for the loan, and also the quantum of the overdue amount, I am of the opinion that a facility for regularisation can be granted.

Accordingly,  the  writ  petition  is  disposed  of with the following directions:

1) Petitioner shall pay an amount of Rs.50,000/- on or before 31.03.2022, towards the amounts required for regularisation of the account.

2) The balance amount required for regularisation, including interest and costs, shall be paid in twenty equal monthly instalments commencing from 20.04.2022.

3) The subsequent instalments shall be payable on or before the 20th day of the succeeding months.

4) The instalments as above shall be in addition to the regular EMIs payable in the loan accounts.

5) In case of default of a single instalment, the petitioner will lose the benefit granted under this judgment.