Boby Thomas v. Union Bank Of INDIA
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUE AY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 WP(C) NO. 12228 OF 2022 PETITIONER: BOBY THOMAS PROPRIETOR, OLLATTIKULAM AGENCIES, AKKARA BUILDING, SOUTH CHALAKUDY-680 307 BY ADVS. M.R.ANISON V.BHARGAVI (PANANGAD) P.A.RINUSA RESPONDENTS: 1 UNION BANK OF INDIA REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, ERNAKULAM, UNION BANK BHAWAN, M.G.ROAD, ERNAKULAM-682 035 2 THE AUTHORISED OFFICER, UNION BANK OF INDIA, CHALAKUDY, POST BOX NO.12, MAIN ROAD, CHALAKUDY-680 307 3 THE BRANCH MANAGER, UNION BANK OF INDIA, CHALAKUDY BRANCH, MAIN ROAD, CHALAKUDY-680 307 OTHER PRESENT: SRI A.S.P KURUP-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12228 OF 2022 2 BECHU KURIAN THOMAS, J. =========================== W.P.(C) No.12228 of 2022 ============================ Dated this the 5th day of April, 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.
During the course of hearing, petitioner has confined the relief to an opportunity for repaying the outstanding amount in instalments.
It was submitted on behalf of the respondent bank that the petitioner committed default in repayment and the outstanding amount is Rs.44,98,406/-. 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.
I have heard Shri.M.R.Anison, learned counsel for the
WP(C) NO. 12228 OF 2022 3 petitioner as well as Shri.A.S.P.Kurup, learned counsel for the respondents.
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 fifteen instalments.
Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.44,98,406/- along with bank charges from the petitioner on the following conditions: i. The outstanding amount of Rs.44,98,406/- shall be repaid in fifteen equated monthly instalments. ii. The first instalment shall be paid on or before 05.05.2022 and the remaining instalments shall be paid on or before the 5th of the succeeding months. iii. In the event of default of any one instalment, the respondent bank shall be entitled to proceed in
WP(C) NO. 12228 OF 2022 4 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 ssa/
WP(C) NO. 12228 OF 2022 5 APPENDIX OF WP(C) 12228/2022 PETITIONER’S EXHIBITS Exhibit P1 AOF THE GST REGISTRATION CERTIFICATE DATED 17.07.2018 ISSUED BY THE GOVERNMENT OF INDIA. Exhibit P2 AOF THE CERTIFICATE DATED 31.03.2022 ISSUED BY THE VILLAGE OFFICER PADINJARE CHALAKUDY. Exhibit P3 AOF NOTICE DATED 19.02.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P4 AOF THE REPRESENTATION DATED 26.03.2022 SUBMITTED BEFORE THE 1ST AND 3RD RESPONDENTS
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.