Narayani vs The Kasargod Co-Operative Town ...
2021 Latest Caselaw 15345 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE A.M.BADAR
     THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                        WP(C) NO. 8212 OF 2021
PETITIONER:

          NARAYANI
          AGED 59 YEARS
          W/O.(LATE) KORAGAN, MANIYANI, ALIYANBADUKKA HOUSE,
          ADOOR VILLAGE, ADOOR, URDUR, KASARAGOD - 671 543.

          BY ADV P.K.SUBHASH



RESPONDENTS:

    1     THE KASARGOD CO-OPERATIVE TOWN BANK LTD NO. 970
          REP. BY ITS BRANCH MANAGER, MULLERIA BRANCH, MULLERIA,
          KASARAGOD - 671 543.

    2     THE AUTHORIZED OFFICER
          THE KASARAGOD CO-OPERATIVE TOWN BANK LTD.NO.970,
          MULLERIA BRANCH, MULLERIA, KASARAGOD - 671 543.

          BY ADVS.
          PUSHPARAJAN KODOTH
          K.JAYESH MOHANKUMAR
          VANDANA MENON
          VIMAL VIJAY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8212 OF 2021
                                     2


                                JUDGMENT

Heard both sides.

2. The learned counsel for the petitioner submits that the

petitioner had availed term loan of Rs.5 lakhs, but because of financial

constraints, she could not serve that loan in the EMI structure granted

by the Bank. According to the learned counsel for the petitioner, the

petitioner who happens to be a coolie by occupation wants to clear the

overdue amount in instalments apart from payment of EMIs regularly.

3. The learned counsel for the respondents submits that the

petitioner had remitted only Rs.1,43,025/- against the loan of Rs.5 lakhs

and the overdue amount as on 09/07/2021 is Rs.2,27,577/-. The learned

counsel for the respondents therefore prayed for dismissal of this

petition.

4. I have considered the submissions so advanced and perused

the materials placed before me. The petitioner claims to be a coolie by

occupation. She is a working woman who wants to clear the entire

overdue amount in instalments. Considering the present situation of

Covid-19 pandemic, the petition is disposed of with the following

directions.

WP(C) NO. 8212 OF 2021

5. The petitioner to clear the entire overdue amount in ten

equated successive monthly instalments commencing from 24.08.2021.

In addition, the petitioner should also pay EMIs regularly.

If the petitioner abides by these conditions, the respondents shall

keep the pending action under the SARFAESI in abeyance. A single

default in compliance of these directions shall entail the 1 st respondent to

continue with the action under the SARFAESI Act. No further extension

of time shall be granted to the petitioners in any circumstance.

Nsd                                                  sd/-


                                                A.M.BADAR
                                                   JUDGE
 WP(C) NO. 8212 OF 2021


                      APPENDIX OF WP(C) 8212/2021

PETITIONER EXHIBITS

EXHIBIT P1             TRUE COPY OF THE NOTICE ISSUED BY THE

ADVOCATE COMMISSIONER DATED 01/02/2021.

//true copy//

PA to Judge