Sujith P.S vs Thrissur District Co-Operative ...
2021 Latest Caselaw 18729 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                    WP(C) NO. 10785 OF 2021
PETITIONER/S:

          SUJITH P.S., AGED 36 YEARS
          S/O.SUBRAMANIAN, PORUMBATH PARAMBIL HOUSE,
          MANAKULANGARA, KODAKARA VILLAGE,
          THRISSUR DISTRICT- 680 684.
          BY ADVS.N.D.ARUN DAS
          SRI.P.K.PRETHEEP KUMAR
          SMT.M.C.CHITHRAKALA


RESPONDENTS:

    1     THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED
          REPRESENTED BY AUTHORISED OFFICER, HEAD OFFICE,
          TUDA ROAD, KOVILAKATHUM PADAM, THRIVAMPADY POST,
          THRISSUR DISTRICT, PIN - 680 021.
    2     THE BRANCH MANAGER
          KODAKARA BRANCH OF THRISSUR DISTRICT CO-OPERATIVE
          BANK, KODAKARA POST, THRISSUR DISTRICT,
          PIN - 680 684.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10785 OF 2021
                                         2



                          BECHU KURIAN THOMAS,            J

                    =========================
                       W.P.(C) No.10785 of 2021
                     ----------------------------------
              Dated this the 9 th day of September, 2021

                                  JUDGMENT

The solitary relief claimed by the petitioner is for

the benefit of installment facility for repaying the

overdue amount due under the loan taken by the

petitioner and to regularise the defaulted loan

amount.

2. Adv.P.C.Sasidharan, the learned Standing Counsel for

respondent, on instructions, submits that the total

overdue amount is Rs.18,00,455/- and that the total

outstanding amount due from the petitioner is

Rs.47,90,243/-. Even though, the Bank is willing to

provide an installment facility to the petitioner, it is

pleaded that a substantial sum must be paid by the

petitioner for the purpose of expressing his bona

fides in the matter.

WP(C) NO. 10785 OF 2021

3. I have heard Adv.N.D.Arun Das, the learned counsel

for the petitioner as well as Adv.P.C.Sasidharan, the

learned Standing Counsel for the respondents.

4. Having regard to the circumstances arising in the

case and the present situation, I am of the view that

an installment facility of 'ten' installments can be

granted to the petitioner to repay the overdue

amount, on condition that the petitioner deposits an

amount of Rs.2,00,000/- on or before 08.10.2021, as

a means of expressing his bona fides .

5. Accordingly, there will be a direction to the

petitioner to pay an amount of Rs.2,00,000/- (Rupees

Two lakhs only) on or before 08.10.2021 and,

thereafter, to pay the balance overdue amount in

'ten' equal monthly installments. If the said amounts

are paid as directed above, the respondent shall

regularise the loan account.

6. Needless to mention, the petitioner will continue to WP(C) NO. 10785 OF 2021

pay the regular EMIs along with the installments as

directed above and in the event of default of any

one of the installments mentioned above, the

respondents shall be at liberty to continue the

proceedings in accordance with law.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE AMV/10/09//2021 WP(C) NO. 10785 OF 2021

APPENDIX OF WP(C) 10785/2021

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LEGAL NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 30/1/2021. EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT BANK DATED 26/03/21. IT IS A TRUE TRANSLATION OF EXHIBIT P2 MALAYALAM TO ENGLISH.

  RESPONDENTS EXHIBITS    NIL

                                                   TRUE COPY   P.A.TO JUDGE