Nazeema Beevi vs The Branch Manager
2021 Latest Caselaw 9728 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                    WP(C).No.5047 OF 2021(E)


PETITIONER/S:

            NAZEEMA BEEVI
            AGED 60 YEARS
            W/O.ISMAIL, CHAKKALAYIL, VADAKKUMTHALA P.O.,
            VADAKKUMTHALA VILLAGE, KOLLAM DISTRICT.

            BY ADVS.
            SRI.BINU GEORGE
            SMT.HEMALATHA

RESPONDENT/S:

      1     THE BRANCH MANAGER,
            KARUNAGAPPALLY EVENING BRANCH
            THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,
            KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690518.

      2     THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,
            EVENING BRANCH, KARUNAGAPPALLY, REPRESENTED BY ITS
            MANAGER, PIN-690518.




            SC,SRI.P.C SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5047 OF 2021(E)            2



                           JUDGMENT

Petitioner availed a personal loan from the

respondent bank on 04.08.2018 and mortgaged her

residential property. She committed default and now

apprehends recovery proceedings against her property.

Ext.P4 notice was issued to her for the recovery of the

entire amount. Petitioner has approached this court,

seeking reliefs.

2. Learned standing counsel for the District Co-

operative bank submitted that the overdue amount as of

now is Rs.5,92,491/- (Rupees five lakhs ninety two

thousand four hundred and ninety one only). Learned

counsel for the petitioner submitted that since her son

had undergone serious ailment and had to seek medical

advice, she had to spend huge amounts for him. Her

unmarried brother is suffering from hemophilia and she

is looking after his affairs also. Having considered the

entire facts, I am inclined to dispose of the Writ Petition

on the following conditions:

1.) Petitioner shall remit a sum of Rs.50,000/-

(Rupees fifty thousand only) on or before 15.05.2021.

The remaining overdue amount shall be paid off in ten

equal monthly installments thereafter and she will be

liable to pay each installment along with the regular

installments payable, on or before 15th of every

succeeding month. The entire overdue amount shall be

so paid and discharged in ten equal monthly

installments commencing from 15.05.2021. As long as

default is not committed, the stay of coercive steps will

continue. If any two default is committed, either

independently or consecutively, this benefit will be lost

and the respondent will be entitled to recover the entire

amount by selling of the mortgaged property. On

completely discharging the overdue amount, the

respondent shall consider regularising of the remaining

installments.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF MEDICAL PRESCRIPTION 9.1.2019 OF PETITIONER'S SON MUHAMMED NIYAZ.

EXHIBIT P2 A TRUE COPY OF MEDICAL CERTIFICATE 17.4.2014 OF PETITIONER'S BROTHER SHAJAHAN.

EXHIBIT P3 A TRUE COPY OF MEDICAL PRESCRIPTION 24.4.2014 OF PETITIONER'S BROTHER SHAJAHAN.

EXHIBIT P4 A TRUE COPY OF DEMAND NOTICE DATED 15.2.2021.

EXHIBIT P5 A TRUE COPY OF LEGAL NOTICE DATED 19.2.2021.

   RESPONDENT'S/S EXHIBITS            NIL