Kerala High Court
Saifudeen. M vs Kerala State Co-Operative Bank (Kerala ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 8968 OF 2024
PETITIONER:
SAIFUDEEN. M.
AGED 65 YEARS
S/O. MUHAMMED SILI, S.S. MANZIL, KOLLAMKAVU,
PANNIYOTTUKONAM, PAZHAKUTTY, NEDUMANGAD,
THIRUVANANTHAPURAM -, PIN - 695561
BY ADVS.
K.K.DHEERENDRAKRISHNAN
N.P.ASHA
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
P.B. NO. 5122, EAST FORT, FORT P.O., REGIONAL OFFICE,
THIRUVANANTHAPURAM - REPRESENTED BY AUTHORISED OFFICER,
PIN - 695023
2 KERALA STATE CO-OPERATIVE BANK,
NEDUMANGAD MAIN BRANCH, NEDUMANGAD THIRUVANANTHAPURAM
- ,REPRESENTED BY ITS BRANCH MANAGER/AUTHORIZED OFFICER.,
PIN - 695561
3 DEPUTY THAHSILDAR,
REVENUE RECOVERY, TALUK OFFICE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM - ., PIN - 695561
BY ADV THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8968 OF 2024
2
JUDGMENT
When this matter was called today, Sri.Thomas Abraham - learned counsel for the 1st respondent - 'Kerala State Co-operative Bank (Kerala Bank)' ("Bank" for short), submitted that, if the petitioner is interested, he can be allowed to pay off the overdue amount in his loan account in installments, so that the said account can then be regularised. He submitted that the overdue in the Loan Account of the petitioner, as on 06.03.2024, is Rs.4,07,736/-; and that if this Court is so inclined, the petitioner can be allowed to pay off the said amount in not more than 12 instalments, provided he pays the same along with regular EMIs without default.
2. Sri.K.K.Dheerendra Krishnan - learned counsel for the petitioner, submitted that his client accepts the afore and prayed that this Writ Petition be so ordered.
WP(C) NO. 8968 OF 2024 3
3. Taking note of the afore submissions, I allow this Writ Petition and permit the petitioner to pay off the overdue amount of Rs.4,07,736/- as on 06.03.2024, along with all applicable charges and interest, in 12 instalments, commencing from 01.06.2024. These payments shall be made along with the regular EMIs, without any default in either of them.
Needless to say, if the overdue amount is paid by the petitioner as afore, his account will stand regularised; but should he default in payment of two instalments, as ordered by this Court, or any of the regular EMIs, then the benefit of this judgment will be lost to him; and necessary recovery action can be continued against him, without the Bank having to obtain any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN SAS JUDGE WP(C) NO. 8968 OF 2024 4 APPENDIX OF WP(C) 8968/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 1.1.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE DATED 13.4.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY PROCEEDING NOTICE DATED 28.12.2023 Exhibit P4 TRUE COPY OF THE DIRECTION PASSED BY THE REVENUE DEPARTMENT DATED 31.1.2024