Bava vs The Sale Officer
2021 Latest Caselaw 10558 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.3800 OF 2021(Y)


PETITIONERS:

               BAVA, AGED 69 YEARS
               S/O. LATE YAHU,
               MAMANTEPARAMBIL HOUSE,
               EDAKKANAD,
               MUTTANNUR P.O.,
               MALAPPURAM-676561.

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

      1        THE SALE OFFICER
               TIRUR URBAN CO-OPERATIVE BANK LIMITED,
               GOVERNMENT HOSPITAL ROAD,
               TIRUR P.O.,
               MALAPPURAM DISTRICT-676101.

      2        THE SECRETARY,
               TIRUR URBAN CO-OPERATIVE BANK LIMITED,
               MANGALAM BRANCH,
               TIRUR P.O.,
               MALAPPURAM DISTRICT-676101.


               R1 BY ADV. SRI.M.SASINDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).3800/2021
                                     2




                               JUDGMENT

Petitioner had availed a sum of Rs.3,00,000/- as loan in 2019 from

respondents/bank. Loan expires only on 2024. Petitioner claimed that,

he has paid a sum of Rs.50,000/- towards the loan. Due to COVID-19

situation, business of the petitioner, who was a small time fisherman,

went into difficulties. He could not pay the installments regularly.

Hence, delay occurred. Petitioner apprehends that, recovery

proceedings are being initiated against him and hence, second

respondent may be interdicted from initiating coercive steps and also

permitting the petitioner to discharge the liability in installments.

2. Respondents have appeared and submitted that the total

overdue amount is Rs.79,256/-. Petitioner has deposited a sum of

Rs.25,000/- pursuant to a direction of this Court. Accordingly, the

balance amount need to be repaid.

3. Having considered this, I am inclined to direct the petitioner

to pay the balance amount in 10 monthly installments along with the

legally payable monthly due, without default. Second respondent/bank

shall regularize the remaining installments. It is made clear that, if the

petitioner fails to remit any two installments, either consecutively or

otherwise, he will loose the benefit and the second respondent is

entitled to recover the entire money, if any. As long as the petitioner W.P(C).3800/2021

pays the money without default as above, coercive steps will stand

deferred.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C).3800/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE LOAN PASSBOOK SHOWING THE

DETAILS OF LOAN OF THE PETITIONER SML765.

EXHIBIT P2 TRUE COPY OF THE CASH RECEIPT DATED 20.3.2020.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 3.8.2020 IN WP(C) NO.9400/2020.

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE BANK DATED 5.1.2021.

EXHIBIT P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DATED 4.2.2021.