High Court of KeralaWP(C)/15873/2015disposed of

Hussain P.K v. State Bank Of Travancore

2015-06-10Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No.15873 of 2015 (H) --------------------------------------- PETITIONER:

------------------- HUSSAIN P.K,PUZHAKKARA HOUSE, NJANGATTIRI P.O.,PALAKKAD DISTRICT.

BY ADVS.SRI.N.M.MADHU SRI.M.C.ASHI SMT.C.S.RAJANI RESPONDENT:

---------------------- STATE BANK OF TRAVANCORE, REPRESENTED BY ITS BRANCH MANAGER, EDAPPAL BRANCH,MALAPPURAM DISTRICT-676505.

R1 BY SRI.T.SETHUMADHAVAN (SENIOR ADVOCATE) ADVS.SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) NO.15873/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C).No.15873 of 2015 ----------------------------------- Dated this the 10th day of June, 2015

J U D G M E N T

The petitioner has filed this writ petition with the following reliefs :

(a) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to afford easy repayment facility of the loan availed by the firm M/s Print House by reworking of the interest charged under various heads and by giving reasonable installments to clear the liability.

(b) Pass such other orders and directions as deem fit and proper by this Hon'ble Court in the nature and circumstances of the case.

2. The petitioner submits that Bank may be directed to consider the request for waiver of penal interest. It is further submitted that, he may be permitted to discharge the entire liability in twenty equal monthly installments.

3. The learned Standing Counsel for the Bank opposes the prayer of the petitioner.

4. Considering the fact that, no coercive steps have been taken against the petitioner, I am of the view that, the petitioner could be given sufficient time to clear the entire liability. Accordingly, this writ petition is disposed of with the following directions.

W.P.(C).No.15873 of 2015 The petitioner's request for waiver of penal interest shall be considered by the competent authority of the Bank within a period of one month from the date of receipt of a copy of this judgment and communicate the decision to the petitioner. The petitioner is permitted to discharge the entire liability in twenty equal monthly installments starting from 25.06.2015. If the petitioner commits default in paying any of the installments as stipulated above, the Bank is at liberty to proceed against the petitioner in accordance with law.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.