IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14973 OF 2022
PETITIONERS:
1 MANJUSHA
AGED 41 YEARS
W/O. ARUN THOMAS, M.R.BHAVAN, VALIYAVILA,
UCHAKADA, VENGANOOR P.O.,
THIRUVANANTHAPURAM-695527.
2 ARUN THOMAS,
AGED 45 YEARS
S/O. THOMAS, M.R.BHAVAN, VALIYAVILA,
UCHAKADA, VENGANOOR P.O.,
THIRUVANANTHAPURAM-695527.
BY ADV M.R.SARIN
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS BRANCH MANAGER, BALARAMAPURAM,
THIRUVANANTHAPURAM-695501.
2 THE BRANCH MANAGER,
THE KERALA STATE CO-OPERATIVE BANK LIMITED,
BALARAMAPURAM, THIRUVANANTHAPURAM-695501.
BY SRI.THOMAS ABRAHAM, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.14973 of 2022
2
MOHAMMED NIAS. C.P.,J
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WP(C) No. 14973 of 2022
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Dated this the 29th day of April, 2022
JUDGMENT
The petitioners have availed a loan for Rs.10,00,000/- for the maintenance of building on 18.08.2016 by mortgaging their property. Due to the difficulties caused, repayments were not made in time and the same led to proceedings for recovery against the petitioner.
2. The limited prayer of the petitioners in this writ petition is to grant instalment facility to pay off the entire liability.
3. The learned Standing Counsel for the respondent Bank, on instructions, submits that the outstanding amount as on 25.02.2022 is Rs.12,52,525/-
4. Taking into account the averments in the writ petition and after hearing the learned counsel on either side, I deem it appropriate to grant 12 equal monthly instalment facility to the petitioners to wipe off the liability due to the respondent bank.
5. In the said circumstances this writ petitions is WP(C)No.14973 of 2022 3 disposed of permitting the petitioner to clear off the entire liability due to the respondent bank in 12 equal monthly instalments starting from 25.05.2022.
6. It is made clear that if there are two defaults committed in paying the instalments at any time, the petitioners will lose the benefit of this order and the respondent bank will be at liberty to proceed against the petitioner on the basis of the recovery proceedings already initiated.
The writ petition is disposed of.
Sd/-
MOHAMMED NIAS. C.P.,JUDGE dlK 29.4.2022 WP(C)No.14973 of 2022 4 APPENDIX OF WP(C) 14973/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT ON 8.12.2021 TO THE 2ND PETITIONER .