Devaki vs Kerala State Co-Operative Bank ...
2021 Latest Caselaw 22362 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 21849 OF 2021
PETITIONER:

          DEVAKI,AGED 86 YEARS,W/O SHEKARAN, KOLATHENGATT HOUSE,
          KANIYAMPAL P.O, KUNNAMKULAM, THRISSUR DISTRICT.

          BY ADVS.
          P.T.SHEEJISH
          P.K.PURUSH
          HARIKIRAN
          PRAVEENKUMAR P.
          A.ABDUL RAHMAN (A-1917)
          JASHITHA VIJAYAN
          AKHILA SRIDHARAN
          STEPHY GRACE RAJ



RESPONDENTS:

    1     KERALA STATE CO-OPERATIVE BANK LTD.,
          (KUMNNAMKULAM MAIN BRANCH), REPRESENTED BY ITS MANAGER,
          KUNNAKKULAM, THRISSUR-680503.

    2     SWAPNA RAVI,W/O RAVI, KOLATHENGATT HOUSE, KANIYAMPAL
          P.O, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680503.

          ADV SRI. P.C SASIDHARAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.21849 OF 2021
                                      2



                                 JUDGMENT

Consequent on the default in repayment of the

monthly instalments payable under the loan

agreement, proceedings for recovery have been

initiated against the petitioner by the Bank.

Petitioner has approached this Court seeking for a

direction for regularisation of the loan. It was on

account of severe financial constraints that there

occurred the default, submits the learned counsel.

2. Sri.P.C.Sasidharan, learned standing counsel

appearing for the respondent Bank, on instructions,

submits that the petitioner was a chronic defaulter.

On a query by the Court as to whether some

accommodation could be granted, the learned counsel

submitted that the period of loan in question

expires only in the year 2025 and that an

opportunity could be afforded to the petitioner to

have the loan account regularised, but, on stringent

conditions. It is submitted that as on 12.10.2021,

an amount of Rs.23,26,120/- is the overdue under the W.P(C) NO.21849 OF 2021

account. The bank is entitled for interest and costs

thereon.

3. Considering the entire facts and

circumstances, I am of the opinion that a reasonable

facility could be afforded to the petitioner.

Accordingly, it is ordered that:

(i) The entire overdue with interest

and costs shall be paid by the

petitioner in ten equal monthly

instalments commencing from

01.12.2021.

(ii) The regular EMIs payable shall

also be paid along with the

instalments mentioned in clause (i)

above.

(iii) In the event of default in

payment of any of the instalments in

clause (i) or (ii) above, the

petitioner will not be entitled for

the benefit granted under this

judgment and further proceedings for W.P(C) NO.21849 OF 2021

recovery can continue from the present

stage.

Writ petition disposed of as above.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.21849 OF 2021

APPENDIX OF WP(C) 21849/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE IN LOAN NO.SL-

80007439488 DATED 21.09.2021 ISSUED BY THE 1ST RESPONDENT.