High Court Kerala High Court

Viswanathan Aringoth vs General Manager on 10 August, 2010

Kerala High Court
Viswanathan Aringoth vs General Manager on 10 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6030 of 2010(C)


1. VISWANATHAN ARINGOTH, ARAKANDIYIL HOUSE,
                      ...  Petitioner

                        Vs



1. GENERAL MANAGER,
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF PANCHAYATH,

3. THE JOINT REGISTRAR OF CO-OPERATIVE

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  :SRI.M.SASINDRAN

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :10/08/2010

 O R D E R
                 K.SURENDRA MOHAN, J.
              -------------------------------------------
                  W.P.(C) No.6030 of 2010
              -------------------------------------------
             Dated this the 10th August, 2010

                           JUDGMENT

The petitioner has filed this writ petition challenging

the action initiated by the first respondent bank for

recovery of amounts from the guarantor of a loan

transaction that the petitioner has with the bank.

According to the petitioner, the amount was actually

availed under a Group Deposit Scheme and since there

was default in repayment of the amounts, the same was

converted into a personal loan.

2. The petitioner is a persistent defaulter who had

defaulted repayment of another loan and had availed the

present loan for the purpose of closing the earlier loan

that was remaining in default. It is submitted that the

bank was persuaded to sanction the loan on the guarantee

of the person who had stood as surety. The surety had

bound himself to repay the amount to the bank and

therefore, the bank has the right to proceed against the

said person for the recovery of the amount due. In view of

the above, it is submitted that the petitioner is not entitled

to any of the reliefs claimed in this writ petition.

wpc No.6030/2010 2

3. The counsel for the petitioner submits that the

petitioner is ready to pay the entire amount that is due

provided he is permitted to make payments in six monthly

instalments. The counsel for the bank opposes the grant

of any such facility to pay the amount due in instalments.

However, he assures that if the petitioner approaches the

bank with a suitable request for such facility, the bank

would certainly consider the same sympathetically.

4. In the above circumstances, this writ petition is

disposed of directing the petitioner to submit a proper

representation to the first respondent seeking payment of

the balance amount payable by him in instalments within

two weeks from the date of receipt of a copy of this

judgment. If such a representation is received, the first

respondent shall consider the same in accordance with

law, as expeditiously as possible and at any rate within a

period of two months from the date of receipt thereof and

shall pass final orders thereon.

K.SURENDRA MOHAN,
JUDGE
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