Krishnankutty vs The Trivandrum Co-Operative ...
2021 Latest Caselaw 23387 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 26615 OF 2021
PETITIONER :

          KRISHNANKUTTY,
          AGED 62 YEARS,
          S/O. GANGADHARAN, TC.43/525-6,
          LATHIKALAYAM, KAIRALI NAGAR,
          KAMALESWARAM, MANACAUD P.O.,
          THIRUVANANTHAPURAM-695 009.

          BY ADVS.
          V.S.LIJA
          P.V.ANIL



RESPONDENT :

          THE TRIVANDRUM CO-OPERATIVE URBAN BANK LTD.,
          HEAD OFFICE, PB NO.115, M.G.ROAD,
          THIRUVANANTHAPURAM-695 001.
          REPRESENTED BY ITS AUTHORIZED OFFICER



          BY ADV.NISHA GEORGE, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26615 OF 2021
                                          2

                        BECHU KURIAN THOMAS, J.
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                         W.P.(C) No.26615 of 2021
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                 Dated this the 25th day of November, 2021


                                      JUDGMENT

Petitioner is a guarantor, who has undertaken to repay the entire

liability due from the principal borrower. Total liability due from the

principal borrower by name Vijayakumari is Rs.24,24,016/-. But since the

principal borrower has not paid any amount for the last ten years, the offer

of the petitioner to repay the amount in instalments has to be subjected to

the test of bonafides.

2. Accordingly, there will be a direction to the petitioner to pay

an amount of Rs.3,00,000/- on or before 15.12.2021. If the said amount

is paid, the balance shall be payable in 10 equated monthly instalment.

The first instalment shall commence on 20.01.2022.

In the event of default of any one instalment, the

respondent bank shall be entitled to proceed in accordance with law. In

order to enable the petitioners to repay the entire amounts, all coercive

proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 26615 OF 2021

APPENDIX OF WP(C) 26615/2021

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE BY REFERENCE NO.416/2020-21 DATED 6.2.2021 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 17.4.2021 BY REFERENCE NO.09/2021-22 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE REGISTERED NOTICE DATED 11.11.2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER IN MC 365/2021 OF CJM COURT, THIRUVANANTHAPURAM.