Yesudas P.P vs Kerala Bank
2021 Latest Caselaw 11024 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.2402 OF 2021(A)


PETITIONER:

               YESUDAS P.P,
               AGED 53 YEARS
               S/O. P.J. PATHROSE, PATTAKUNNEL HOUSE, KALAMBOOR P.O,
               ERNAKULAM DISTRICT-686 664

               BY ADVS.
               SRI.VIJU ABRAHAM
               SRI.ALBERT V.JOHN
               SMT.ROSHNI MANUEL
               SMT.VARNA MANOJ

RESPONDENTS:

               KERALA BANK
               (FORMERLY KERALA STATE CO OPERATIVE BANK), PIRAVOM
               BRANCH, ST. MICHAEL TOWER, OPPOSITE PRIVATE BUS
               STAND, PIRAVOM P.O-686 664, REPRESENTED BY ITS BRANCH
               MANAGER.

               R1 BY ADV. SRI.N.RAGHURAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2402 OF 2021(A)

                                   2




                             JUDGMENT

Dated this the 7th day of April 2021

The petitioner had availed a loan from the

respondent Co-operative bank. The petitioner claims

that due to financial difficulties he could not repay the

amount in installments and it fell due. Consequently,

Ext.P5 notice was issued to him calling upon him to pay

the money and to avail the benefit of Navakeraleeyam

Scheme 2020. The petitioner has approached this

Court seeking relief.

2. When the matter was taken up, the learned

Standing Counsel for the respondent Co-operative bank

suggested two options for repayment. The petitioner

seems to be not interested in availing both the options,

pleading financial difficulties as a reason. It was

submitted by the learned Standing Counsel for the

respondent bank that the overdue amount is

Rs.3,25,895/- (Rupees Three lakh twenty five thousand

eight hundred ninety five only) as on 21.02.2021. WP(C).No.2402 OF 2021(A)

3. Accordingly, I am inclined to dispose of the

writ petition by directing that the overdue amount shall

be repaid in ten equal monthly installments

commencing from 03.05.2021 and shall be continued to

be paid as above, till the entire overdue amount is

wiped off without default on or before the third of every

succeeding month. The petitioner shall also remit the

monthly installments payable regarding the balance

amount due also. If two defaults are committed

consecutively or other wise, the above option will be

lost and the bank will be entitled to recover the entire

money in accordance with the due process of law.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE SKP/7-4 WP(C).No.2402 OF 2021(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CASE SUMMARY AND CARDIAC CATHERIZATION REPORT DATED NIL.

EXHIBIT P2 TRUE COPY OF THE DISCHARGE CARD DATED 20.05.2015.

EXHIBIT P3 TRUE COPY OF THE CASUALITY REFERRAL RECORDS DATED 01.06.2020.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 17.02.2020 ISSUED BY THE RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE RESPONDENT.

RESPONDENT'S EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE