Irshad M vs The Manager

Citation : 2022 Latest Caselaw 6624 Ker
Judgement Date : 9 June, 2022

Kerala High Court
Irshad M vs The Manager on 9 June, 2022
              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                      WP(C) NO. 10263 OF 2022


PETITIONER:

          IRSHAD M
          AGED 42 YEARS,
          S/O MUHAMMED KUNJU,
          IRSHAD MANZIL,
          PADANAYAR KULANGARA,
          VADAKKUMURI, KARUNAGAPPALLY,
          KOLLAM-690 518.

          BY ADV M.R.SASITH



RESPONDENT:

          THE MANAGER
          KERALA STATE CO-OPERATIVE BANK LTD,
          (POPULARLY KNOWN AS KERALA BANK),
          EVENING BRANCH, KARUNAGAPPALLY,
          KOLLAM-690 518

          SRI.P.C.SASIDHARAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10263 OF 2022
                                     2




                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 10263 of 2022
               --------------------------------------------
                 Dated this the 9th day of June, 2022

                              JUDGMENT

Admit. Standing counsel takes notice for the respondent.

2. The petitioner has approached this Court seeking permission to pay of the amounts outstanding to the respondent in easy instalments. The counsel for the respondent on instructions submits that the period of loan is till 2024 and the present amount overdue is ₹1,91,501/-. Even though the petitioner has prayed for 20 equal monthly instalments, this Court will not be justified in granting such a large period.

3. The writ petition is hence disposed of directing the petitioner to pay off the overdue amount of ₹1,91,501/- in 8 equal monthly instalments, the 1st instalment falling due on or before 09.07.2022 and the subsequent instalments falling due on or before the 9th of every succeeding months. The above amounts shall be paid along with regular EMI payable on the loan account. If the petitioner makes default of two consecutive instalments, the respondents will be entitled to continue with the recovery WP(C) NO. 10263 OF 2022 3 proceedings. If the petitioner completes the payment of overdue amount, the respondent may consider regularisation of the loan. Steps for recovery shall be kept in abeyance to facilitate payment of instalments.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 10263 OF 2022 4 APPENDIX OF WP(C) 10263/2022 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 20.1.2021, ISSUED BY THE RESPONDENT BANK TO THE PETITIONER