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High Court of KeralaWP(C)/20272/2015disposed of

Syed Abuthahir P v. The Federal Bank Ltd

2015-07-23Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 20272 of 2015 (H) ---------------------------- PETITIONER :

-------------------- SYED ABUTHAHIR P., HAROON MANZIL, ROSAPOOKANDAMKARA, KUMALY VILLAGE KUMALY P.O., IDUKKY DISTRICT, PIN - 685 509.

BY ADVS.SRI.P.C.CHACKO SMT.ASHA P. KURIAKOSE RESPONDENT(S) :

----------------------------

1. THE FEDERAL BANK LTD., KUMALI BRANCH, KUMALI P.O., IDUKKI DISTRICT REPRESENTED BY ITS BRANCH MANAGER.

2. THE AUTHORISED OFFICER AND CHIEF MANAGER, FEDERAL BANK LTD., THODUPUZHA BRANCH, THODUPUZHA P.O., IDUKKY DISTRICT.

R1 & R2 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 20272 of 2015 (H) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

COPY OF THE RELEVANT PORTION OF THE PASS BOOK SHOWING THE PAYMENT EFFECTED BY THE PETITIONER TO THE FIRST RESPONDENT BANK.

EXT. P2 :

COPY OF THE ORDER GIVEN BY THE ADVOCATE COMMISSIONER TO THE PETITIONER IN CMP NO.2003 OF 2015 DTD.11.5.2015 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 20272 of 2015 ---------------------------------------------------- Dated this the 23rd day of July,2015

J U D G M E N T

------------------------- The petitioner availed three loans from the respondent bank, i.e. housing loan, personal loan and cash credit facility. The term of repayment of cash credit facility and personal loan are over. However, the term of housing loan is not yet over.

2.

The learned Standing Counsel for the bank would submit that the total liability of the petitioner towards housing loan is more than Rs.18,90,000/- and the overdue amount is Rs.13,52,000/-.

Considering the facts and circumstances, the following directions are issued:

i) The petitioner shall deposit Rs.1 lakhs within one month from today.

ii)The petitioner shall remit Rs.50,000/- continuously for a period of six months from the succeeding

W.P.(C).No.20272 of 2015 months onwards.

iii)In the succeeding month thereafter, the petitioner shall discharge the entire liability towards the bank in lumpsum iv)It is also open for the bank to regularise the housing loan account, if the petitioner clears the entire overdue amount within the time indicated as above.

v)If the petitioner commits default in repaying any one of the instalment, the bank is at liberty to proceed against the petitioner in accordance with law.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/