Mini Baby vs The Kerala State Co-Operative ...
2021 Latest Caselaw 6581 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                        WP(C).No.8443 OF 2020(E)


PETITIONER/S:

                MINI BABY,
                AGED 49 YEARS,
                W/O.BABY JOSEPH, ELUVATHINGAL HOUSE, DIVINE FARM,
                MELOOR P.O., KALADY, MELUR, THRISUR -680 311.
                (FROM ELUVATHINGAL HOUSE, P.O.KINFRA, ATTAPADAM,
                KADUKUTTY, ANNANADU, THRISSUR).

                BY ADVS.
                SRI.V.JAYAPRADEEP
                SMT.ANN SUSAN GEORGE
                SMT.O.A.NURIYA
                SRI.D.S.LOKANATHAN
                SRI.ALAN PRIYADARSHI DEV

RESPONDENT/S:

      1         THE KERALA STATE CO-OPERATIVE BANK,
                KORATTY BRANCH, THRISSUR (FORMERLY KNOWN AS THRISSUR
                CO-OPERATIVE BANK LTD., KORATTY BRANCH), REPRESENTED
                BY ITS BRANCH MANAGER.

      2         VILLAGE OFFICER,
                MELOOR VILLAGE, KORATTY, THRISSUR.



                SRI. P C SASIDHARAN, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8443 OF 2020(E)                2




                              JUDGMENT

The petitioner states that she is a housemaid. For commencing a

pickle unit, she availed a loan of Rs.1,50,000/- from the 1st respondent

Bank on 04.04.2018. The tenure of the loan was 36 months and she was

required to effect repayment in equated monthly instalments of Rs.5,200/-.

She managed to regularly pay the instalments till August, 2018. She was

granted a loan moratorium by the Bank. However, due to the floods which

ravaged the State of Kerala and the Covid 19 pandemic, she was practically

unemployed thereafter. Now the bank has initiated coercive proceedings to

recover the amount. It is in the afore circumstances that the petitioner is

before this Court seeking for a direction to repay the arrears in

instalments.

2. Sri.P.C.Sasidharan, the learned counsel appearing for the 1st

respondent submitted that the petitioner is a chronic defaulter, who is not

entitled to any leniency. He submitted that the total outstanding amount as

on date is Rs.1,89,624/- and the overdue amount is about Rs.1,00,000/-.

3. I have considered the submissions advanced. In view of the

impecunious circumstances that the petitioner is in, I am of the considered

opinion that indulgence can be granted to the petitioner to pay the total

outstanding amount in 12 equal monthly instalments.

In the result, this petition is disposed of with the following directions.

The petitioner shall clear off the entire outstanding as on date

which is stated to be Rs.1,89,624/- in 15 equal monthly instalments,

the first of which shall commence on 15.03.2021. If the petitioner

continues to effect payment as ordered above without fail, recovery

proceedings shall be kept in abeyance by the respondents. However,

if the petitioner defaults in the payment of two consecutive

instalments, she shall lose the benefit granted to her by this order

and the respondents may surge ahead with the proceedings for

recovery.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DSV

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE CERTIFICATE EVIDENCING FLOODS ISSUED BY THE 2ND RESPONDENT DATED 14/11/2018.

EXHIBIT P2 COPY OF THE APPLICATION OF THE PETITIONER DATED 30/11/2018.

EXHIBIT P3 COPY OF THE NOTICE DATED NIL OF THE 1ST RESPONDENT.

EXHIBIT P4 COPY OF THE LETTER DATED NIL OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P5 COPY OF THE LOAN SUMMARY DATED 12/03/2020 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE