Illyas.N C vs The Nilamboor Co-Operative Urban ...
2021 Latest Caselaw 6301 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                        WP(C).No.2514 OF 2021(L)


PETITIONER/S:

                ILLYAS.N C,
                AGED 44 YEARS,
                S/O.(LATE) ABDUL MAJEED, NELLIKKATTU CHALIL HOUSE,
                EDAVANNA (PO), CHENAYIKKUNNU, ERNAD TALUK, MALAPPURAM
                DISTRICT.

                BY ADVS.
                SRI.P.K.VARGHESE
                SRI.K.R.SHYNE
                SRI.P.S.ANISHAD
                SMT.LIMNA BHASKARAN

RESPONDENT/S:

      1         THE NILAMBOOR CO-OPERATIVE URBAN BANK LTD.,
                NO.F.1043, HEAD OFFICE, NILAMBOOR, MALAPPURAM
                DISTRICT, PIN-679329, REPRESENTED BY ITS MANAGER.

      2         THE MANAGER (AUTHORISED OFFICER),
                THE NILAMBOOR CO-OPERATIVE URBAN BANK LTD. NO.F.1043,
                NILAMBOOR, MALAPPURAM DISTRICT,
                PIN-679329.

                R1-2 BY ADV. SRI.DEVAPRASANTH.P.J.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2514 OF 2021

                                     2



                                JUDGMENT

Dated this the 22nd day of February 2021

Heard both sides.

2. Learned Counsel for the petitioner submits

that, petitioner had availed a financial assistance

for the purchase of a property. He was a Charge man

with the Kerala State Road Transport Corporation and

was suspended for unauthorized leave taken for

treatment of his daughter. Now, he has been

reinstated and is willing to clear the overdue amount

of loan apart from regular payment of EMI's.

3. Learned Counsel for the respondents opposed

the petition by contending that, as on 19.02.2021,

the overdue amount due and payable by the petitioner

to the respondents is Rs.4,50,745/- (Rupees Four

Lakhs Fifty Thousand Seven Hundred and Forty Five

only), and after obtaining the loan, the petitioner

has only repaid an amount of Rs.3,000/- as on date,

and therefore prays for the disposal of the petition. WP(C).No.2514 OF 2021

4. Considering the fact that petitioner is a

Charge man working with the Kerala State Road

Transport Corporation, who was suspended due to

unauthorized absence caused for the reason of giving

medical treatment to his daughter, and keeping in

mind his willingness to repay the entire overdue

amount, the petition is disposed of with the

following directions:

i. Petitioner shall clear the entire overdue amount in six equated successive monthly instalments commencing from 04.03.2021. In addition, petitioner shall pay the regular EMI's.

ii. If the petitioner complies with the said order, the respondents shall keep the coercive action under the SARFAESI Act initiated against the petitioner in abeyance.

iii. A single default on the part of the petitioner shall entitle the respondent to continue with the action under the SARFAESI Act.

iv. No further extension of time for compliance of this order shall be granted to the WP(C).No.2514 OF 2021

petitioner.

The Writ Petition is disposed of accordingly.

Sd/-

A.M.BADAR

JUDGE WP(C).No.2514 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE DATED 06.01.2021 AND TRANSLATION.