Haseena Poovulla Parambath vs The Manager

Kerala High Court

Haseena Poovulla Parambath vs The Manager on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
      THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 16664 OF 2024
PETITIONER:

          HASEENA POOVULLA PARAMBATH
          AGED 46 YEARS, W/O HAMEED,
          CHALAPARAMBATH HOUSE, KODIYOORA.P.O,
          KOZHIKODE, PIN - 673506.

          BY ADVS.
          U.P.BALAKRISHNAN
          K.R.AVINASH (KUNNATH)
          C.H.ABDUL RASAC


RESPONDENT:

          THE MANAGER
          NADAPURAM CO-OPERATIVE URBAN BANK LTD,
          NADAPURAM, VADAKARA,
          KOZHIKODE DISTRICT, PIN - 673504.

          BY ADV S.K. SAJU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16664 OF 2024
                                  -2-

                            JUDGMENT

When this matter was called today, Sri.S.K.Saju - learned Standing Counsel for the respondent, submitted that, if the petitioner is interested, she can be allowed to pay off the overdue amount in her loan account in installments, so that the said account can then be regularized. She submitted that the overdue in the loan account of the petitioner, as on 23.05.2024, is Rs.16,25,492/-; and that if this Court is so inclined, the petitioner can be allowed to pay off the said amount in not more than 24 installments, provided she pays the same along with regular EMIs without default.

2. Sri.U.P.Balakrishnan - learned counsel for the petitioner, accepted the afore suggestion.

Taking note of the afore submissions, I allow this writ petition and permit the WP(C) NO. 16664 OF 2024 -3- petitioner to pay off the overdue amount, along with all applicable charges and interest, in 24 installments, commencing from 20.06.2024. 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, her account will stand regularized; but should she default in payment of any two installments, as ordered by this Court, or any of the regular EMIs, then the benefit of this judgment will be lost to her; and necessary recovery action can be continued against her, without the Bank having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN akv JUDGE WP(C) NO. 16664 OF 2024 -4- APPENDIX OF WP(C) 16664/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 23.04.2024 SUBMITTED BEFORE THE RESPONDENT