IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1524 of 2010()
1. MEENA AJITHKUMAR,W/O.LATE AJITHKUMAR.K.S
... Petitioner
Vs
1. THE FEDERAL BANK LTD., REGISTERED OFFICE
... Respondent
2. AUTHORIZED OFFICER CUM CHIEF MANAGER
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :07/09/2010
O R D E R
C .N. RAMACHANDRAN NAIR, &
K. SURENDRA MOHAN, JJ.
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W. A. No. 1524 of 2010
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Dated this the 7th day of September, 2010
JUDGMENT
Ramachandran Nair, J.
Heard counsel for the appellant and counsel appearing for the
Bank who took notice on admission. Loan was availed by the late
husband of the appellant. Appellant’s case is that business collapsed
and that led to default by her late husband in payment of arrears of the
loan. It is seen that after the Award by the Lok Adalat in 2005,
defaulter has paid Rs. 1 lakh and the appellant, the widow, paid another
Rs. 2 lakhs. Appellant’s case is that relatives of her late husband are
helping her to clear the arrears and business in petrol bunk is currently
run by them. In any case appellant’s counsel has given a suggestion in
Court that monthly instalment of substantial amount of Rs. 1 lakh
together with interest will be paid by the appellant. We feel the
suggestion given by the appellant’s counsel is quite reasonable because
after the death of the borrower, widow is certainly entitled to
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compassionate treatment by the Bank. However, we are inclined to
grant relief to the appellant only if the appellant accepts her counsel’s
suggestion and gives an undertaking in Bank that she will discharge the
balance liability in monthly instalment of Rs. 1 lakh together with
interest thereon and any default will entitle the Bank to proceed with
record. We therefore allow the Writ Appeal by vacating the judgment
of the learned single Judge and dispose of the WPC by directing the
respondents to withhold all recovery proceedings against the appellant
on condition that appellant clears the entire arrears in monthly
instalment of Rs. 1 lakh and along with it running interest which will
be computed and given by the Bank to the appellant within one week
prior to the date of payment. The Bank Manager will communicate to
the appellant the interest payable along with Rs. 1 lakh, giving the
details of the rate applied. The first instalment will be paid on or
before 20th of this month and balance on or before 20th of every
succeeding month. Bank will work out the actual liability and give a
statement to the appellant as stated above to clear the arrears.
However, if the appellant violates the undertaking given to the Bank,
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the instalment facility granted by us will automatically stand vacated on
first default, and thereafter the Bank will be free to proceed with
recovery.
(C.N.RAMACHANDRAN NAIR)
Judge.
(K. SURENDRA MOHAN)
kk Judge.
WA 1524/2010 4