Kerala High Court
K.B.Ramachandran vs The Primary Co-Operative ... on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
WP(C).No.2326 OF 2021(M)
PETITIONER/S:
K.B.RAMACHANDRAN
AGED 58 YEARS
SO K.N. BHASKARAN,
RESIDING AT THURUTHIPPALLI MALAYIL,
THURUTHIKADU P.O.
KALLOOPPARAA VILLAGE ,
MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT PIN-689 597.
BY ADVS.
SRI.JOSEPH GEORGE
SRI.BIJO THOMAS GEORGE
SRI.P.A.REJIMON
RESPONDENT/S:
1 THE PRIMARY CO-OPERATIVE AGRICULTURAL
DEVELOPMENT BANK LTD NO.PT-234
MALLAPPALLY, REPRESENTED BY ITS SECRETARY,
PRIMARY CO-OPERATIVE AGRICULTURAL
RURAL DEVELOPMENT BANK LTD,
NO PT-234 MALLAPPALLY WEST P.O.PIN-689 585.
2 THE SEPCIAL SALE OFFICER,
PRIMARY CO-OPERATIVE AGRICULTURAL
RURAL DEVELOPMENT BANK LTD,
NO PT-234
MALLAPPALLY PIN-689 585.
R1 BY ADV. SRI.VARUGHESE M EASO
OTHER PRESENT:
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).2326/2021
2
JUDGMENT
Petitioner availed a housing loan of Rs.4,00,000/-. Term of loan
was 15 years. He was making repayments from 2015 onwards. It
appears that, thereafter, some delay occurred in the repayment. Hence,
proceedings were initiated by the second respondent followed by
issuance of Ext.P2 sale notice. Aggrieved by the above, petitioner has
approached this Court.
2. Respondent has been served and heard both sides.
3. The limited prayer sought by the petitioner is to grant him
some breathing time to pay off the overdue amount. Pursuant to the
interim order of this Court, petitioner has deposited a sum of
Rs.30,000/-. According to the learned counsel for the petitioner,
overdue amount is Rs.2,45,555/-.
4. Having considered the entire facts, I am inclined to take a
lenient view and direct the petitioner to pay the entire overdue amount
in 10 monthly installments commencing from 5 th of April 2021.
Remittance of this will be over and above the regular monthly
installments payment. If any two of the above installment is
consequently defaulted benefit will be lost and the bank will be entitled
to recover the entire overdue amount in lump. As long as the petitioner
pays and continues to pay the money in installments as above, further
W.P(C).2326/2021
coercive steps pursuant to Ext.P1 will stand deferred. If the above
facility is lost, the bank will be entitled to recover the entire overdue
amount.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).2326/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF PASS BOOK ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER WITH
MEMBER NO 17023.
EXHIBIT P2 TRUE PHOTOCOPY OF SALE NOTICE DATED
15.1.2021 ISSUED BY THE 2ND RESPONDENT
