Biji Vijayan vs The Kerala State Co-Operative ...

Citation : 2022 Latest Caselaw 7117 Ker
Judgement Date : 17 June, 2022

Kerala High Court
Biji Vijayan vs The Kerala State Co-Operative ... on 17 June, 2022
              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
      FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                      WP(C) NO. 18446 OF 2022


PETITIONER:

          BIJI VIJAYAN,
          AGED 43 YEARS, D/O.VIJAYAN,
          ULAKKAPADIVANKAL(H),
          CHERUKOL, VAYALATHALA P.O.,
          PATHANAMTHITTA DISTRICT-689 649.

          BY ADV G.VIDYA



RESPONDENT:

          THE KERALA STATE CO-OPERATIVE BANK LTD.
          REPRESENTED BY THE MANAGER,
          MAIN BRANCH, PATHANAMTHITTA,
          PIN-689 645.

          BY ADV N.RAGHURAJ




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18446 OF 2022
                                    2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 18446 of 2022
                --------------------------------------------
                 Dated this the 17th day of June, 2022

                              JUDGMENT

Admit. Standing counsel takes notice for the respondent.

2. The prayer in this writ petition is for permission to pay the outstanding amounts due to the respondent Bank in equated monthly instalments. The standing counsel on instructions submits that the loan was availed in 2019 and it became a non-performing asset in 2020. It is submitted that the present outstanding is ₹1,92,264/-.

3. In view of the difficulty expressed by the petitioner for paying the entire amount, this writ petition is disposed of directing the petitioner to pay the amount outstanding in 12 equated monthly instalments, the 1st instalment falling due on or before 20.07.2022 and the subsequent instalments falling due on or before the 20 th of the succeeding months. If the petitioner makes default of any two consecutive instalments, the respondents are free to proceed with the steps for recovery. Steps for recovery shall be kept in abeyance to facilitate the payment in instalments.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 18446 OF 2022 3 APPENDIX OF WP(C) 18446/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF NOTICE DATED 09.02.2022.