IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17545 OF 2022
PETITIONER:
FILOMINA
AGED 55 YEARS
W/O.NITE, KANDATHIL HOUSE, PUTHENPEEDIKA, ANTHIKAD,
THRISSUR TALUK, THRISSUR DT.
BY ADV M.R.REENA
RESPONDENTS:
1 THE BRANCH MANAGER
THE KERALA STATE CO-OPERATIVE BANK LTD.,
ANTHIKAD BRANCH, THRISSUR DT.
2 THE AUTHORIZED OFFICER
THE KERALA STATE CO-OP BANK LTD., HEAD OFFICE,
SAHAKARANA SAPTHADHI MANDIRAM, TUDA ROAD,
KOVILAKATHUPADAM, THIRUVAMBADY P.O.,
THRISSUR - 680 022.
SRI. P.C. SASIDHARAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17545 OF 2022
2
JUDGMENT
The petitioner seeks permission to wipe off the liabilities due to the respondents in easy installments. The petitioner had availed a loan in 2017, which was for a term of 15 years (174 months) on execution of mortgage by deposit of title deed. When the amounts became overdue, the respondents have initiated steps for recovery by issuance of Ext.P2 notice on 28.09.2021.
2. On instructions, the counsel for the respondents submits that, an amount of Rs.9,22,468/- is overdue as on 30.04.2022 and if the petitioner pays off the amount overdue in installments along with the amounts payable as regular monthly installments, the case of the petitioner can be considered for regularization.
In the above circumstances, the writ petition is disposed of permitting the petitioner to pay a sum of Rs.9,22,468/- in ten equal monthly installments beginning WP(C) NO. 17545 OF 2022 3 from 04.07.2022 and the subsequent installments falling due on the 4th of the succeeding months. The petitioner shall also pay the regular monthly installments along with the installments towards the overdue. If the petitioner makes two consecutive defaults in the payment of the installments, the respondents are free to proceed with the recovery. Once the entire amount overdue is wiped off, the respondents shall issue orders for regularizing the loan.
Sd/-
T.R.RAVI JUDGE spk WP(C) NO. 17545 OF 2022 4 APPENDIX OF WP(C) 17545/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE PRIOR TO THE LITIGATION DATED 22/07/2021. Exhibit P2 A TRUE COPY OF THE NOTICE OF FURTHER PROCEEDINGS DATED 28/09/2021.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 20/01/2022 SENT BY THE PETITIONER. RESPONDENT'S/S EXHIBITS : NIL