Santha.A.S vs The Chirakkara Service ...
2021 Latest Caselaw 4847 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                     WP(C).No.43 OF 2021(E)


PETITIONER/S:

      1     SANTHA.A.S.
            AGED 48 YEARS
            W/O. ANILKUMAR G.S, POTTAPURATHU HOUSE,
            CHIRAKKARA, KALLUVATHUKKAL P.O, KOLLAM, KERALA -
            681578.

      2     ANILKUMAR G.S
            AGED 51 YEARS
            S/O. GOPALAN, POTTAPURATHU HOUSE, CHIRAKKARA,
            KALLUVATHUKKAL P.O, KOLLAM, KERALA - 681578.

            BY ADVS.
            SMT.REKHA NAIR
            SMT.S.SURAJA

RESPONDENT/S:

            THE CHIRAKKARA SERVICE CO-OPERATIVE BANK
            LTD.NO.1894
            CHIRAKKARA P.O, KOLLAM, REPRESENTED BY ITS
            SECRETARY.

            BY ADV. SRI.N.RAGHURAJ
            BY ADV. SHRI.SREEKUMAR S

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.43 OF 2021(E)
                                             2




                                      JUDGMENT

The petitioners availed a loan for a sum of

Rs.10,00,000/- (Rupees ten lakhs only) from the

respondent Bank in the year 2016 by mortgaging the

residential property of the petitioners. Petitioners

defaulted in repaying the amount and ultimately

proceedings were initiated for the recovery of

Rs.16,17,742/- (Rupees sixteen lakhs seventeen

thousand seven hundred and forty two only) and Ext.P3

and Ext.P3(a) demand notices have been issued.

Ext.P4 is the representation submitted by the

petitioners before the respondent.

2. When the matter came up for hearing, the

only submission of the learned counsel for the

petitioners was to grant some concession in relation to

the amounts payable. Accordingly the petitioners were

directed to approach the Bank on a specified day and

work out the maximum concession the bank can give. WP(C).No.43 OF 2021(E)

It seems that after a discussion the bank has fairly

agreed to wipe off the penal interest portion and the

amount now payable is Rs.15,81,973/- (Rupees fifteen

lakhs eighty one thousand nine hundred and seventy

three only). It seems to be a fair offer, which was

accepted by the learned counsel for the petitioners.

Though the learned counsel for the bank insisted that

the amount shall be paid the lump or at the most

installment of three or more installments. After hearing

the learned counsel for the petitioners I feel that the

reasonable installments can be given. Accordingly,

there will be a direction that the amount payable by the

petitioners fixed as Rs.15,81,973/- (Fifteen lakhs eighty

one thousand nine hundred and seventy three only). It

shall be paid by the petitioners in ten equal monthly

installments commencing from 10.03.2021. Further

installments shall be paid on or before 10th of every

succeeding month. The petitioners shall pay the

amount in ten equal monthly installments without

default. In case of two consequent defaults, the WP(C).No.43 OF 2021(E)

concession will be lost and the bank will be entitled to

recover entire amount due as per Ext.P2 and Ext.P3

with accrued interest and charges. Thereby, the

petitioners will loose the concession now offered. In

case of remittance of amount in ten equal monthly

installments Ext.P2 and P3 will stand deferred till the

amount is completely wiped off as above.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.43 OF 2021(E)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PAGE NUMBER OF THE LOAN PASS BOOK ISSUED IN THE NAME OF THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 22.04.2019.

EXHIBIT P3 TRUE COPY OF DEMAND NOTICE DATED 20.11.2020 ISSUED BY THE 1ST PETITIONER.

EXHIBIT P3(a) TRUE COPY OF DEMAND NOTICE DATED 20.11.2020 ISSUED TO THE 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT.

    RESPONDENT'S/S EXHIBITS          NIL