Kerala High Court
Prasanna K.M. vs Kerala State Co-Operative Bank ... on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.860 OF 2021(F)
PETITIONER/S:
PRASANNA K.M.,CHIRAKKAL HOUSE, ASHRAMAM, POKKUNNU,
GURUVYURAPPAN COLLEGE P.O., KOZHIKODE - 673 014.
BY ADV. SRI.P.T.MOHANKUMAR
RESPONDENT/S:
KERALA STATE CO-OPERATIVE BANK LTD.
KINASSERI BRANCH, (FORMERLY KOZHIKODE DISTRICT CO-
OPERATIVE BANK LTD.),
REPRESENTED BY ITS BRANCH MANAGER, KINASSERI,
KOZHIKODE - 673 002, KALLAI ROAD,
KOZHIKODE - 673 002.
SRI.GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.860 OF 2021 2
JUDGMENT
Dated this the 25th day of January 2021
Heard both sides.
2. Learned counsel appearing for the petitioner submitted
that the petitioner had availed a loan of Rs.12,00,000/- (Rupees
twelve lakhs only). But because of financial crunch, she could not
repay the instalmens of that loan regularly. Because of ill health,
she was no in a position to continue her avocation and that is how
there is delay in repayment of loan.
3. Learned counsel appearing for the petitioner further
submitted that in fact, the petitioner wants to repay the entire
overdue amount of loan within a period of six months and the
petitioner is not challenging the action taken by the respondent
bank under the SARFAESI Act. She is only interested in
regularisation of the loan account.
4. Learned Standing Counsel appearing for the respondent
bank submitted that overdue amount of loan as on 13.01.2021 is
Rs.9,99,476/- (Rupees nine lakhs ninety nine thousand four
hundred and seventy six only) and the petitioner should pay a
substantial amount, if she wants to clear the overdue amount and
to regularise her loan account.
5. I have considered the submissions so advanced and
perused the materials placed on record.
6. It is not in dispute that the term of loan is up to the year
2024. Keeping in mind the financial difficulties as well as the ill-
health suffered by the petitioner as well as her bona fides in stating
that she is willing to clear of the entire overdue amount of loan in
six months, the petition is disposed of with the following directions:-
The petitioner is directed to clear the entire overdue amount of
loan in six equated monthly instalments commencing from
08.02.2021 along with regular payment of EMIs. If the petitioner
abides by this direction, the respondent shall keep coercive action
for recovery of loan in abeyance. Needless to mention that any
default in adherence to this direction shall entile the respondent to
commence the coercive action for recovery of loan. As keeping in
mind the special circumstances of the case, the relief as claimed is
granted. No further extension of time for payment of overdue
amount of loan or EMIs shall be granted.
The writ petition is accordingly disposed of.
Sd/-
A.M.BADAR
ajt JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF NOTICE RECEIVED BY THE
PETITIONER FROM THE RESPONDENT (UNDATED)
ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF NOTICE DATED 29/12/2020 ISSUED
BY ADVOCATE COMMISSIONER TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MARRIAGE INVITATION CARD
OF THE PETITIONER'S DAUGHTER ALONG WITH ITS
ENGLISH TRANSLATION.
