Sreedharan Achary vs The Area Manager, Kerala Bank
2021 Latest Caselaw 17902 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

       WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943

                              WP(C) NO. 7506 OF 2021

PETITIONER/S:

                  SREEDHARAN ACHARY
                  AGED 57 YEARS
                  S/O RAMAN ACHARY, VAISHNAVAM ,
                  MARUTHAMON, PATTAZHY VILLAGE,
                  PATHANAPURAM TALUK, KOLLAM DISTRICT
                  BY ADV K.V.ANIL KUMAR


RESPONDENTS:

       1          THE AREA MANAGER, KERALA BANK
                  (KERALA STATE CO-OPERATIVE BANK),
                  PUNALUR, KOLLAM DISTRICT, PIN-691 305.
       2          THE BRANCH MANAGER,
                  KERALA BANK, (KERALA STATE CO-OPERATIVE BANK),
                  PATTAZHY BRANCH, PATTAZHY P.O.,
                  KOLLAM DISTRICT, PIN-691 522.
                  BY ADV SRI.P.C.SASIDHARAN, SC, KOLLAM DISTRICT CO-
                  OPERATIVE BANK LTD.



THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON

01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7506 OF 2021
                                          2




                                    JUDGMENT

Petitioner confines the reliefs claimed in this

writ petition to a solitary one for an

installment facility to clear the overdue loan

amount and to regularise the loan account of

the petitioner.

2. The learned Standing counsel for the

respondent-Bank, on instructions, submit that

the Bank is willing, to regularise the loan

account, as a matter of generosity to the

petitioner, provided petitioner clears the

overdue amount in 'six' equated monthly

installments along with the regular EMIs. It

is also pointed out that, the defaulted amount

as on 03.04.2021 was Rs.1,66,963/-.

3. Having regard to the aforesaid submissions

and the circumstances in the case, there will

be a direction to the respondent Bank to

accept the overdue amount from the WP(C) NO. 7506 OF 2021

petitioner in 'six' equal monthly installments,

first of which shall commence from

10.09.2021 along with the regular EMIs

under the loan account. In the event of the

petitioner repaying the overdue amount as

stipulated above, along with the regular EMIs,

the respondent Bank shall regularise the loan

account of the petitioner.

4. Needless to say, in the event of default of any

one installment, the benefit of this judgment

shall not accrue to the petitioner.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE AMV/01/09//2021 WP(C) NO. 7506 OF 2021

APPENDIX OF WP(C) 7506/2021

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 15.1.2021 ISSUED BY THE 1ST RESPONDENT WITH ENGLISH TRANSLATION

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE