High Court Kerala High Court

O.K.Pocker vs State Bank Of India on 21 August, 2008

Kerala High Court
O.K.Pocker vs State Bank Of India on 21 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24631 of 2008(G)


1. O.K.POCKER, VALIYADUTH HOUSE,
                      ...  Petitioner

                        Vs



1. STATE BANK OF INDIA, REPRESENTED BY ITS
                       ...       Respondent

2. AUTHORISED OFFICER, STATE BANK OF INDIA

3. BRANCH MANAGER, STATE BANK OF INDIA,

                For Petitioner  :SRI.B.V.JOY SANKER

                For Respondent  :SRI.K.JAYAKUMAR

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :21/08/2008

 O R D E R
                        S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.24631 OF 2008
              ----------------------------------------
               Dated this the 21st day of August, 2008

                             JUDGMENT

The petitioner is a defaulter in repayment of loan amounts

due from him to the respondents. The petitioner submits that

the loan is a house building loan and the petitioner may be

permitted to regularise the loan account by paying the defaulted

instalments and he may be allowed to continue payment of the

regular instalments in accordance with the loan agreement.

2. This is opposed by the learned counsel for the

respondents, who would submit that the petitioner has not paid

any amount in repayment of the loan amounts and as such he is

not entitled to any reliefs in the matter.

3. After hearing both sides, I feel that the petitioner can

be given another opportunity to regularise the loan account and

continue to pay the future instalments as per the loan agreement

without default. Accordingly, the writ petition is disposed of with

the following directions:

W.P.(c)No.24631/08 2

The petitioner shall pay an amount of Rs.1,50,000/-

(Rupees One lakh fifty thousand only) before 10th September

2008. On such payment, the respondents shall regularise the

petitioner’s loan account and allow the petitioner to pay off the

future instalments in accordance with the loan agreement. If

the petitioner remits the Rs.1,50,000/- and the future

instalments on the due dates as per the loan agreement,

further proceedings under the Act shall be kept in abeyance.

However, if the petitioner fails to pay the Rs.1,50,000/- and

any of the future instalments, it would be open to the

respondents to continue proceedings as now initiated without

having to issue any fresh notice or proceedings in that regard.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.24631/08 3