K.N.Vimanan vs The Manager
2021 Latest Caselaw 12134 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                       WP(C).No.1848 OF 2021(E)


PETITIONERS:

      1        K.N.VIMANAN,
               AGED 59 YEARS
               S/O. NARAYANAN, KIZHAKKEKUZHI PIPPILLIL HOUSE,
               RAJAKKADU P.O. IDUKKI.

      2        K.N. AJI,
               AGED 52 YEARS
               S/O. NARAYANAN, KIZHAKKEKUZHI PIPPILLIL HOUSE,
               RAJAKKADU P.O. IDUKKI.

      3        K.N. SOMAN,
               AGED 46 YEARS
               S/O. NARAYANAN, KIZHAKKEKUZHI PIPPILLIL HOUSE,
               RAJAKKADU P.O. IDUKKI.

               BY ADV. SHRI.A.S.SASIDHARAN

RESPONDENTS:

      1        THE MANAGER
               KERLA STATE CO-OPERATIVE BANK ,
               RAJAKKAD BRANCH, RAJAKKAD P.O. IDUKKI,
               PIN - 685 602.

      2        AUTHORISED OFFICER,
               KERALA STATE CO-OPERATIVE BANK,
               RAJAKKAD BRANCH, RAJAKKAD P.O.
               IDUKKI, PIN - 685 602.

               BY ADV. SRI.GILBERT GEORGE CORREYA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1848 OF 2021(E)

                                     2




                                 JUDGMENT

Dated this the 20th day of April 2021

The writ petition has been filed praying that the petitioners

may be allowed to repay the amounts outstanding to the

respondents 1 and 2 in instalments.

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel for the respondents.

3. The learned counsel for the petitioners pray that the

petitioners may be permitted to pay off the amounts in 15 equal

monthly instalments.

4. The learned Standing Counsel for the respondents on

instructions submits that what has been challenged in the writ

petition are not statutory demand notices and are only notices

recalling the loans and that they have no objection in permitting

the petitioners to pay the outstanding amounts in instalments.

It is submitted by the Standing Counsel that an amount of more

than 58 lakhs is presently due under two loans and that since it

is a cash credit facility, granting them 15 instalments will

amount to extending the period of the cash credit by more than

one year.

WP(C).No.1848 OF 2021(E)

5. After hearing the parties, the writ petition is disposed

of permitting the petitioners to pay off the amounts due in 10

equal monthly instalments. The 1st instalment shall be paid by

01.06.2021 and the subsequent instalments are to be paid

within the 1st week of every succeeding months. This will not

prejudice the right of the Bank to proceed with other modes of

recovery, if the petitioners commit any default in the payment

of the instalments.

The writ petition is disposed of as above.

Sd/-

T.R.RAVI

JUDGE

DK WP(C).No.1848 OF 2021(E)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 4.4.2018 ISSUED BY DR. SUJITHA A.N. MD DM (NEUROLOGY), MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE HOSPITAL, KOLENCHERY.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 1.1.2021 ISSUED TO THE 1ST PETITIONER BY 1ST RESPONDENT AND ENGLISH TRANSLATION.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 28/12/2020 ISSUED TO THE 2ND PETITIONER BY 1ST RESPONDENT AND ENGLISH TRANSLATION.

EXHIBIT P4 TRUE COPY OF NOTICE DATED 1/2/2021 ISSUED TO THE 3RD PETITIONER BY 1ST RESPONDENT AND ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS: NIL