Hajira K vs Special Sale Officer
2021 Latest Caselaw 12870 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                          WP(C) NO. 5916 OF 2021
PETITIONER:

              HAJIRA K.
              AGED 33 YEARS
              W/O HAIDER ALI,
              PUTHIYAPURA HOUSE,
              ENIYADI, BANDADUKKA P.O.,
              KASARGOD DISTRICT

              BY ADVS.
              HEMALATHA
              SRI.BINU GEORGE



RESPONDENTS:

     1        SPECIAL SALE OFFICER
              KASARGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
              DEVELOPMENT BANK LTD, NO. FF.113, KASARGOD, PIN-671121.

     2        THE BRANCH MANAGER
              KASARGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
              DEVELOPMENT BANK LTD, NO. FF.113, KASARGOD, PIN-671121.

     3        KASARGOD PRIMARY
              CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD
              NO. FF.113,
              REPRESENTED BY ITS MANAGER, PIN-671121.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                   2
WP(C) NO. 5916 OF 2021




                                    JUDGMENT

This writ petition has been filed praying for

a direction to permit the petitioner to remit

arrears of instalments in a housing loan account

in 15 equal monthly instalments and thereby

regularise the said account.

2. When this matter came up on 08.03.2021,

this Court had passed the following interim

order:-

"Issue notice on admission to respondents 1 to 3 by speed post. Await return of notice. Coercive steps pursuant to Ext.P2 will stand deferred till 07.04.2021 on condition that the petitioner shall deposit a sum of Rs.75,000/- (Rupee Seventy five thousand only) within 07.04.2021."

3. It is submitted by the learned counsel

for the petitioner that the condition imposed in

the aforesaid interim order has already been

WP(C) NO. 5916 OF 2021

complied with. This is not disputed by the learned

counsel appearing for the respondent bank.

4. The learned counsel for the respondent

bank submits that the overdue amount as on

05.04.2021 is Rs.4,17,379/. The learned counsel

for the petitioner submits that, the petitioner

had lost her child recently on account of some

cardiac problem and that the default occurred on

account of financial difficulties owing to the

treatment of her child.

5. Considering the overall facts and

circumstances, I am of the opinion that the

petitioner can be allowed to remit the overdue

amount as on 05.04.2021 in ten equal monthly

instalments commencing from 01.07.2021. The

petitioner will also remit the regular quarterly

instalments due under the loan together with the

amounts payable for regularising the loan as

above. If the petitioner commits default in

WP(C) NO. 5916 OF 2021

remitting two consecutive instalments, the

respondent bank will be at liberty to proceed with

the recovery proceedings.

The writ petition will stand disposed of

accordingly.

Sd/-

GOPINATH P.

JUDGE hmh

WP(C) NO. 5916 OF 2021

APPENDIX OF WP(C) 5916/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF CERTIFICATE 04.03.2021 ISSUED BY SECRETARY E.J.M DARS SAMRKSHANA SAMITHI, BANDADKA.

EXHIBIT P2 A TRUE COPY OF SALE NOTICE DATED 28/0182021.

RESPONDENT'S NIL ANNEXURE