Omana B vs The Quilon Co-Operative Urban ...
2021 Latest Caselaw 17537 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                           WP(C) NO. 8529 OF 2021
PETITIONER:

              OMANA B, AGED 55 YEARS, W/O. MANIKANTAN, PADANNE
              PADINJATTATHIL VEEDU, SAKTHIKULANGARA, KOLLAM - 691581.

              BY ADVS.K.SIJU
              SMT.S.REKHA KUMARI
              SMT.S.SEETHA
              SMT.ANJANA KANNATH


RESPONDENTS:

     1        THE QUILON CO-OPERATIVE URBAN BANK LTD. NO.960,   *CORRECTED
              YMCA ROAD, CHINNAKKADA, KOLLAM - 691001,
              REPRESENTED BY ITS GENERAL MANAGER.

              *(THE NAME AND ADDRESS OF R1 IS CORRECTED AS 'THE COASTAL
              URBAN CO-OPERATIVE BANK LIMITED, NO. 3036, NEAR CIVIL
              STATION, KOLLAM-691013.' AS PER ORDER DATED 09/04/2021 IN IA
              01/2021 IN WPC 8529/21)

     2        THE BRANCH MANAGER,                               *CORRECTED
              THE QUILON CO-OPERATIVE URBAN BANK LTD,
              SAKTHIKULANGARA BRANCH, KOTTAMUKKU,
              KOLLAM - 691581.

              (THE NAME AND ADDRESS OF R2 IS CORRECTED AS 'THE BRANCH
              MANAGER, THE COASTAL URBAN CO-OPERATIVE BANK LIMITED,
              NO.3036, SAKTHIKULANGARA BRANCH, SAKTHIKULANGARA,
              KOLLAM-691003.' AS PER ORDER DATED 09/04/2021 IN IA 01/2021
              IN WPC 8529/21)

     3        THE SPECIAL SALE OFFICER,                         *CORRECTED
              QUILON COASTAL CO-OPERATIVE URBAN BANK LTD,
              YMCA ROAD, CHINNAKKADA, KOLLAM - 691001.

              (THE NAME AND ADDRESS OF THE R3 IS CORRECTED AS 'THE SPECIAL
              SALE OFFICER, THE COASTAL URBAN CO-OPERATIVE BANK, NEAR
              CIVIL STATION, KOLLAM-691013' AS PER ORDER DATED 09/04/2021
              IN IA 01/2021 IN WPC 8529/21)

              BY ADVS.SRI.S.SREEJITH (S-3453), SRI.SUBHASH CYRIAC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION               ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8529 OF 2021
                               -2-

                            JUDGMENT

The petitioner has approached this Court

making various allegations and averments; but when

this matter was called today, her learned counsel

- Smt.Anjana Kannath, submitted that her client is

willing to pay off the entire liability due to the

1st respondent Co-operative Bank, in a few

installments.

2. The learned counsel submitted that her

client is forced to make the afore request because

of extreme financial constraints faced by her and

conceded that, for the same reason, she had not

been able to comply with the earlier interim order

of this Court. She submitted that if the

respondent Bank is willing to offer her client

some latitude, she will be in a position to pay

off the entire liability without loosing her

valuable property.

WP(C) NO. 8529 OF 2021

3. In response, the learned Standing Counsel

for the respondent Bank - Sri.S.Sreejith,

submitted that the total dues in the loan account

of the petitioner, as on today, is Rs.44,87,970/-;

and that she had not paid even one penny out of

it, even though she suffered an Arbitration Award

for more than Rs.32 lakhs on 12.02.2018. He

submitted that, therefore, if this Court is

inclined to grant any relief to the petitioner, it

may only be on her making substantial payment

upfront and that installments may be limited to go

not beyond March, 2022.

4. The learned counsel for the petitioner, at

this time, agreed that her client will pay an

amount of Rs.7.5 lakhs in a months time and that

the balance amounts will be paid in installments

before March, 2022. This suggestion was accepted

by Sri.S.Sreejith also.

In the afore circumstances, I order this writ WP(C) NO. 8529 OF 2021

petition and direct the petitioner to pay an

amount of Rs.7,50,000/- (Rupees seven lakhs fifty

thousand only), on or before 27.09.2021; in which

event, the balance amounts will be permitted to be

paid by her, along with all charges and interest

accrued in the account, in six equal monthly

installments thereafter, commencing from

29.09.2021.

Needless to say, if the petitioner commits

default in payment of the upfront amount or any

two of the afore installments, then the Bank will

be at liberty to take further action for recovery,

based on the Award obtained by them, without any

further orders from this Court, however, after

following due procedure.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 8529 OF 2021

APPENDIX OF WP(C) 8529/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 THE COPY OF DISCHARGE SUMMARY OF THE PETITIONER'S HUSBAND ISSUED FROM AL- JOUF CARDIAC CENTRE, SOUDI ARABIA DATED 08.03.2018.

EXHIBIT P2 THE COPY OF ATTACHMENT NOTICE ISSUED BY THE 3RD RESPONDENT DATED 6.11.2019.

EXHIBIT P3 THE COPY OF NPA RECOVERY HOUSE VISIT REPORT DATED 5.2.2021 ISSUED BY THE VISITING OFFICER OF THE BANK.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE