Nisha B. (A13971) vs The Manager
2021 Latest Caselaw 21717 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
     TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                         WP(C) NO. 6627 OF 2021
PETITIONER/S:

     1     NISHA B. (A13971),AGED 37 YEARS
           W/O. JAYADEVAN, PAININTE KIZHAKKETHIL, NOW RESIDING AT
           AKHILALAYAM, PAINUMOODU, KULAKKADA P.O, KOLLAM (DIST.-691
           521)

     2     JAYADEVAN (A 13972),AGED 43 YEARS
           S/O. NARAYANAN, AKHILALAYAM, PAINUMOODU, KULAKKADA P.O,
           KOLLAM(DIST.) 691 521.

           BY ADVS.
           T.P.SAJID
           SMT.SHIFA LATHEEF



RESPONDENT/S:

     1     THE MANAGER,
           PRIMARY CO-OPERATIVE AND AGRICULTURE RURAL DEVELOPMENT
           BANK NO. Q 1511, KOTTARAKKARA-691 531.

     2     THE SALES OFFICER,
           PRIMARY CO-OPERATIVE AND AGRICULTURE RURAL DEVELOPMENT
           BANK NO. Q 1511, KOTTARAKKARA-691531.

           BY ADVS.
           T.R.HARIKUMAR
           ARJUN RAGHAVAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6627 OF 2021              2




                               JUDGMENT

The petitioners are aggrieved by the recovery proceedings sought

to be taken against them in respect of a housing loan availed from the

1st respondent bank. Ext.R1(a) is the statement prepared by the

respondent bank showing the details of payment and also the balance

amount due. The petitioners submit that the payment made by them as

per Ext.P5 receipt dated 17.01.2015 is not reflected in the statement.

They dispute the correctness of the statement. The petitioners however

express their willingness to have the account regularised on being

permitted to pay the actual overdues in instalments. The petitioners

have submitted Ext.P7 representation to the 1st respondent.

2. Considering the entire facts and circumstances, I am of the

opinion that it would be sufficient if Ext.P7 is considered by the 1 st

respondent and orders passed after hearing the petitioners.

3. Accordingly it is ordered that, the petitioners shall appear

before the 1st respondent on 15.11.2021 at 11 am and the 1 st respondent

shall hear the petitioners, consider Ext.P7 and pass appropriate orders

before 30.11.2021. Till such orders are passed, further proceedings for

recovery shall be kept in abeyance.

The Writ Petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE sd

APPENDIX OF WP(C) 6627/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED DATED 20.07.2006.

EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT WITH NO. KL02040602904/2020 DATED 28.5.2020

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED WITH NO. 41430088 BY KALAYAPURAM VILLAGE OFFICER, DATED 13.07.2019.

EXHIBIT P4 TRUE COPY OF THE RATION CARD WITH NO.

1208168231.

EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT BANK WITH RECEIPT NO.25 DATED 17.01.2015.

EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT BANK THROUGH SALE OFFICER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION TO THE RESPONDENT BANK DATED 15.01.2021.

RESPONDENT EXHIBITS

ANNEXURE R1(a) A COPY OF THE DETAILS OF REPAYMENT IN RESPECT OF THE LOANS AVAILED BY THE PETITIONERS