Shiju K.G vs The Nedumangad Co-Operative ...
2021 Latest Caselaw 12441 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

      FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

                       WP(C).No.10867 OF 2021(G)


PETITIONER/S:

                SHIJU K.G.
                AGED 44 YEARS
                S/O. GANGADARAN NADAR, KAVINPURATH VEEDU,
                KANJIRAMPARA, PANACODE POST, NEDUMANGAD TALUK,
                THIRUVANANTHAPURAM.

                BY ADV. SRI.K.RAKESH

RESPONDENT/S:

                THE NEDUMANGAD CO-OPERATIVE URBAN BANK LTD
                NEDUMANGAD POST, NEDUMANGAD TALUK, THIRUVANANTHAPURAM
                TALUK, THIRUVANANTHAPURAM, PIN-695 541, REPRESENTED
                BY ITS AUTHORISED OFFICER/GENERAL MANAGER.

                R1 BY ADV. SMT.NISHA GEORGE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10867 OF 2021(G)          2




                             JUDGMENT

Dated this the 14th day of May 2021

This writ petition has been filed seeking a direction to the

respondent bank to permit the petitioner to repay the outstanding

amounts of loan availed by him from the respondent bank in fifteen

monthly installments.

2. The learned Standing Counsel, on instructions, submits that

the amount outstanding as on 05.05.2021 is Rs.4,46,298/-. He also

submits that the bank has already taken physical possession of the

mortgaged asset which is 27 cents of land belonging to the petitioner.

3. Considering the facts and circumstances of the case, I am of

the opinion that the petitioner can be granted some installments to

clear the liability.

4. In the result, this writ petition will stand allowed. The

petitioner shall pay a sum of Rs.50,000/- (Rupees fifty thousand only)

within a period of one month from today. The petitioner shall pay the

balance amount in twelve equal monthly installments commencing

from 15.06.2021. If the petitioner commits default of two consecutive

installments, the respondent bank shall free to proceed with the

recovery proceedings. On payment of Rs.50,000/- and 4 of the

monthly installments to be paid thereafter, the physical possession of

the property in question shall be restored to the petitioner.

The writ petition will stand disposed of accordingly.

SD/-

GOPINATH P.

JUDGE rmm

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER ON 9.4.2021.