Mansoor vs The Tirur Sahakarana Karshika ...
2021 Latest Caselaw 1434 Ker

W.P.(C) No.38766/2018               1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                        WP(C).No.38766 OF 2018(U)


PETITIONER:

               MANSOOR,
               S/O.CHERIYA HAMZA,CHETTEPPURATH
               HOUSE,KURUMBATHUR(P.O),EDASSERY DESOM,TIRUR
               TALUK,MALAPPURAM DISTRICT.

               BY ADVS.
               SRI.K.B.ARUNKUMAR
               SRI.RANJIT BABU
               SMT.S.REKHA KUMARI

RESPONDENT:

       1       THE TIRUR SAHAKARANA KARSHIKA GRAMA VIKASANA BANK
               LTD.NO.M-11,
               VALANCHERY BRANCH,VALANCHERY.P.O,
               MALAPPURAM DISTRICT,PIN-REPRESENTED BY ITS
               SECRETARY.

       2       THE SPECIAL SALE OFFICER,
               THE TIRUR SAHAKKARANNA KARSHIKA GRAMA VIKASANA BANK
               LTD.NO.M-11,TIRUR(P.O),MALAPPURAM DISTRICT.PIN-

               R1 BY ADV. SRI.T.R.HARIKUMAR
               R1 BY ADV. SRI.ARJUN RAGHAVAN

OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.38766/2018                   2




                                JUDGMENT

Dated this the 14th day of January 2021

Petitioner herein had availed a housing loan for Rs.11,00,000/- and

two agricultural loan for Rs.50,000/- each in the year 2013 from the first

respondent bank. He also availed business loan for a sum of Rs.2,50,000/-

and another loan of Rs.4,00,000/- for cattle development purposes. These

loans were availed in the year 2017. According to him, he has been

regularly making payments till November 2017. Since defaults were

committed, Exts.P1 to P6 were issued. Petitioner has approached this

court contending that his property is likely to be sold in auction and he has

filed Ext.P7 representation seeking easy monthly instalments enabling him

to re-pay the amounts due.

2. After having heard the learned counsel for the petitioner as well as

the learned counsel for the Co-operative society Mr.T.R.Harikumar, I feel

that some lenient view can be taken. Accordingly, petitioner is permitted to

remit the loan amounts by paying the entire overdue amount with agreed

interest in equal fifteen monthly instalments commencing from 1-2-2021.

He shall pay the overdue amount with interest and continue to pay the

same along with the monthly EMD and its interest every month. In case of

default of any of the monthly instalment, this benefit will be lost and the

society will be free to proceed against the petitioner and recover the entire

amount in lump.

The writ petition is disposed of as above.

Sd/-

                                                 SUNIL THOMAS

  dpk                                                JUDGE




                             APPENDIX
  PETITIONER'S/S EXHIBITS:

  EXHIBIT P1            THE TRUE COPY OF THE NOTICE DATED

25.04.2018 ISSUED BY THE 1ST RESPONDENT BANK DEMANDING RS.10,63,649/-

EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED 25.04.2018 ISSUED BY THE 1ST RESPONDENT BANK DEMANDING RS.4,16,7682/-

EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED 25.04.2018 ISSUED BY THE 1ST RESPONDENT BANK DAMANDING RS.42,336/-

EXHIBIT P4 THE TRUE COPY OF THE NOTICE DATED 25.04.2018 ISSUED BY THE 1ST RESPONDENT BANK DAMANDING RS.42,094/.

EXHIBIT P5 THE TRUE COPY OF THE NOTICE DATED 25.04.2018 ISSUED BY THE 1ST RESPONDENT BANK DAMANDING RS.2,13,027/-.

EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED 12.06.2018 ISSUED BY THE 1ST RESPONDENT BANK.

EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED 21.11.2018 SUBMITTED BY THE PETITIONER.

EXHIBIT P8 THE TRUE COPY OF THE NOTICE DATED 22.11.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 08.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.