Sufia Subair vs The Ernakulam District ...
2021 Latest Caselaw 12478 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
        TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
                        WP(C) NO. 3638 OF 2021
PETITIONER/S:

    1       SUFIA SUBAIR, AGED 46 YEARS
            W/O. SUBAIR, NADUVILAPARAMABIL,
            CHENGAMANADU, P.. CHENGAMANADU VILLAGE, ALUVA TALUK,
            ERNAKULAM DISTRICT.

    2       SUBAIR N.A, AGED 50 YEARS
            S/O. ABDUL KHADER,
            NADUVILAPARAMABIL,
            CHENGAMANADU, P.. CHENGAMANADU VILLAGE, ALUVA TALUK,
            ERNAKULAM DISTRICT.

            BY ADV P.M.ZIRAJ


RESPONDENT/S:

    1       THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED, H.O.
            KAKKANAD, KOCH, 682 030, REPRESENTED BY ITS MANAGER.

    2       THE MANAGER, THE ERNAKULAM DISTRICT CO-OPERATIVE
            BANK LIMITED, H.O. KAKKANAD, KOCHI 682 030.

    3       THE BRANCH MANAGER,
            THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED,
            ATHANI BRANCH, PARATHU SHOPPING COMPLEX, ATHANI P.O.
            ANGAMALY 683 585.

            BY SC, SRI.N.RAGHURAJ




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3638 OF 2021              2




                            JUDGMENT

When the matter was taken up, the learned counsel for the

contesting respondent No.1 submitted that only Rs.75,000/- (Rupes

seventy five thousand only) has been deposited on 05.03.2021,

though, it was submitted on last occassion that another instalment

of Rs.25,000/- (Rupees twenty five thousand only) was remitted on

10.03.2021. The overdue amount is around Rs.5,00,000/- (Rupees

five lakhs only). Having considered this, I am inclined to dispose of

the Writ Petition itself, directing the petitioner to pay a sum of

Rs.25,000/- (Rupees twenty five thousand only) within ten days

from the date of receipt of a copy of this judgment, if not already

remitted and to discharge the entire overdue amount in six equal

monthly installments with applicable charges along with regular

instalments. On payment of the overdue amount, the respondents

shall regularise the remaining loans. Subject to the compliance of

the above, interim order will stand extended. It is made clear that

in case of default of any monthly installment, the interim order will

stand vacated and the right of the respondents to recover the

entire amount will stand revised.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

APPENDIX

ANNEXURE/EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 25.1.2021 ISEUD BY THE THIRD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 30.1.2021 SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGEMENT CARD REGARDING RECEIPT OF REPRESENTATION BY THE THIRD RESPONDENT DATED 2.2.2021.

RESPONDENT'S/S NIL EXHIBITS