Shameera.K vs The Branch Manager
2021 Latest Caselaw 8051 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                      WP(C).No.28636 OF 2020(D)


PETITIONER:

               SHAMEERA.K,
               AGED 32 YEARS,
               W/O NIZAM,
               KUNNAMPALLIL, VADAKKUMTHALA P.O.
               VADAKKUMTHALA VILLAGE, KOLLAM DISTRICT.

               BY ADVS.
               SRI.BINU GEORGE
               SMT.HEMALATHA

RESPONDENTS:

      1        THE BRANCH MANAGER,
               KARUNAGAPPALLY EVENING BRANCH ,
               THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD,
               KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690 518.

      2        THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD,
               EVENING BRANCH ,KARUNAGAPPALLY,
               REPRESENTED BY ITS MANAGER,
               PIN-690 518.

               R1-2 BY SC,SRI.P.C SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28636 OF 2020

                                      2




                               JUDGMENT

Dated this the 09th day of March 2021

The petitioner had availed a personal loan

from the respondent Bank for an amount of

Rs.3,00,000/- (Rupees Three Lakhs Only). Since

default was committed, petitioner apprehends that

proceedings would be taken against her. This is

evident from Exhibits P2 and P3, which are the

requisitions issued by the society Bank under the

K.C.S. Rules. The total amount due as on 23-12-2020

is Rs.4,20,358/- (Rupees Four Lakhs Twenty Thousand

Three Hundred Fifty Eight Only).

2. The petitioner submits that due to extreme

financial difficulties, she was unable to repay the

amount. She seeks for a relaxation in the payment

of the money. The learned counsel for the

respondent submitted that the loan period has

expired on 2019.

3. Having considered the entire facts, I am WP(C).No.28636 OF 2020

inclined to dispose of the writ petition granting

the petitioner sometime to pay off the debt. Having

considered it, I am inclined to direct that an

amount of Rs.4,20,358/- (Rupees Four Lakhs Twenty

Thousand Three Hundred Fifty Eight Only) which is

stated to be due as on 23-12-2020 shall be paid in

12 equal monthly instalments commencing from

15-04-2021 onwards. First instalment shall be paid

on that date and all the remaining instalments shall

be paid on or before 15th of the next succeeding

months. If default of two instalments is committed,

then the Bank will be entitled to recover the

balance amount in a lump. Deposit of Rs.30,000/-

(Rupees Thirty Thousand Only)pursuant to an interim

order of this Court is recorded.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE SSK/09/03 //TRUE COPY// PA TO JUDGE WP(C).No.28636 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF MEDICAL PRESCRIPTION DATED 10.11.2020

EXHIBIT P2 TRUE COPY OF RECOVERY NOTICE DATED 20.6.2019.

EXHIBITP2 (A) A TRUE COPY OF RECOVERY NOTICE DATED 20.6.2019.

RESPONDENT'S EXHIBITS: NIL
SSK                       //TRUE COPY//               PA TO JUDGE