Prajith M.P vs Ernakulam District Co-Operative ...
2021 Latest Caselaw 14851 Ker

W.P(C).8100/2021
                                      1

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS
       THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                            WP(C) NO. 8100 OF 2021
PETITIONER:

             PRAJITH M.P., AGED 36 YEARS
             S/O.PRAKASAN, MUTHIRAPARAMBIL HOUSE, ELANTHIKARA P.O.,
             NORTH PARAVUR TALUK, ERNAKULAM DISTRICT-683594.

             BY ADV P.K.SAJEEV



RESPONDENTS:

      1      ERNAKULAM DISTRICT CO-OPERATIVE BANK
             HEAD OFFICE, KAKKANAD P.O., KOCHI, ERNAKULAM DISTRICT-
             682030, REPRESENTED BY ITS SECRETARY.

      2      ERNAKULAM DISTRICT CO-OPERATIVE BANK,
             PUTHENVELIKKARA BRANCH, PUTHENVELIKKARA P.O., NORTH
             PARAVUR, ERNAKULAM DISTRICT-683594, REPRESENTED BY ITS
             BRANCH MANAGER.

             BY ADV SRI.N.RAGHURAJ




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).8100/2021
                                        2


                                JUDGMENT

Petitioner had availed a loan of Rs.Two lakhs from the second

respondent in 2013 for the construction of the residential house. The

amount was liable to be repaid within 8 years @Rs.4500/-. It seems that,

default was committed and liability was classified as a NPA.

Apprehending that, legal proceedings are liable to be proceeded against

the petitioner, he has approached this Court offering to pay the amount in

12 equal monthly installments.

2. When the matter came up for admission, this Court to granted

an interim stay subject to the condition that the petitioner shall deposit

Rs.50,000/- on or before 02.06.2021. Inspite of many chances given, he

has not complied with the above order. Learned Standing Counsel for the

respondent invited my attention to the objection, wherein, it has been

stated that, as on 21.04.2021, the total amount due is Rs.3,17,283/-. It

was also brought to my notice that, loan has expired on 15.05.2021. In

the above circumstances, it was contended by the learned Standing

Counsel that the only option available to the petitioner was to pay the

entire amount in a lump.

However, having heard the learned counsel for the petitioner and

the learned Standing Counsel and considering the financial difficulties W.P(C).8100/2021

projected by the petitioner, I am inclined to dispose of the Writ Petition

itself directing the petitioner to pay off the entire liability in 12 equal

monthly installments commencing from 10.09.2021. He shall pay and

continue to pay the amount on 8 th of every succeeding month. If any

default is committed, respondent will be free to initiate appropriate legal

proceedings to recover the entire amount in a lump with interest.

Writ Petition is disosed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).8100/2021

APPENDIX OF WP(C) 8100/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 08.11.2019 ISSUED FROM THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 19.10.2020 ISSUED FROM THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE MARRIAGE INVITATION CARD BETWEEN REESHMA AND THE PETITIONER.