P.R Vasudeva Kurup vs Kerala Bank (Kerala State ...
2021 Latest Caselaw 6412 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.4243 OF 2021(E)


PETITIONER:

               P.R VASUDEVA KURUP
               AGED 60 YEARS
               S/O.P.R. RAGHAVA KURUP,
               PAZHANJIYIL HOUSE,
               KOZHENCHERRY VILLAGE,
               PATHANAMTHITTA DISTRICT 689 641.

               BY ADVS.
               SRI.ARUN.B.VARGHESE
               SMT. AISWARYA V.S.

RESPONDENTS:

      1        KERALA BANK (KERALA STATE COOPERATIVE BANK)
               CREDIT PROCESSING CENTER, PATHANAMTHITTA (ERST WHILE
               PATHANAMTHITTA DISTRICT COOPERATIVE BANK LIMITED NO.
               43), REPRESENTED BY ITS MANAGER, PATHANAMTHITTA 689
               645.

      2        THE MANAGER,
               MARAMON BRANCH,
               KERALA BANK,
               (ERST WHILE MARAMON BRANCH OF PATHANAMTHITTA DISTRICT
               COOPERATIVE BANK LIMITED NO. 43),
               MARAMON P.O. KOZENCHERRY-689 549.

               R1-2 BY ADV. SRI.N.RAGHURAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4243 OF 2021

                                    2




                               JUDGMENT

Dated this the 23rd day of February 2021

When the matter was taken up, the learned

Standing Counsel for the first respondent submitted

that, the petitioner has committed default and

consequently the overdue amount is Rs.16,00,000/-.

SARFEASI proceedings have also been initiated.

However, the learned counsel for the first respondent

submitted that, the overdue amount can be accepted

and payment regularised subject to the condition

that, the petitioner deposits one half of the arrears

before the expiry of this financial year.

Having considered this offer made, which I

feel is reasonable, I am inclined to dispose of the

writ petition with a direction that, the petitioner

shall deposit one half of the overdue amount that is

Rs.8,00,000/-(Rupees Eight Lakhs Only)on or before

31.03.2021 and the remaining installment shall be

deposited in Ten equal monthly installments. It is

made clear that, if the petitioner fails to pay any WP(C).No.4243 OF 2021

of the installment, this benefit will be lost and the

first respondent will be entitled to proceed with the

SARFEASI proceedings. It is made clear that, this

installment is over and above the regular

installment, which the petitioner is otherwise liable

to pay.

Sd/-

                                            SUNIL THOMAS
                                                    JUDGE
Jms                                 //True Copy//   P.A to Judge
 WP(C).No.4243 OF 2021





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE NOTICE DATED 21.08.2020

ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 16.02.2021 SUBMITTED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE ENGLISH TRANSLATION.

//True Copy// P.A to Judge