Shukkur Thangal vs Kerala State Co-Operative Bank ...
2021 Latest Caselaw 19335 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                       WP(C) NO. 10184 OF 2021
PETITIONER :

          SHUKKUR THANGAL,
          AGED 41 YEARS,
          S/O. SUBAIR THANGAL, BUKKARAYIL KEEPPATTU HOUSE,
          PADOOR, KUNDAZHIYOOR VILLAGE, CHAVAKKAD, TRISSUR.

          BY ADV S.MUMTAZ



RESPONDENT :

          KERALA STATE CO-OPERATIVE BANK LTD.,
          (ERST WHILE DISTRICT CO-OPERATIVE BANK, TRISSUR),
          REP. BY THE AUTHORIZED OFFICER, SAHAKARANA SATHABDHI
          MANDIRAM, TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMBADY,
          TRISSUR-680022.

          BY ADV SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT
          CO.OPERATIVE BANK LTD.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10184 OF 2021
                                    2


                     BECHU KURIAN THOMAS, J.
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
                      W.P.(C).No.10184 of 2021
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
              Dated this the 14th day of September, 2021


                               JUDGMENT

Petitioner seeks repayment of the overdue amount under

the loan account with the respondent in instalments. The respondent

upon instructions submit that the overdue amount as on 26.04.2021

is Rs.9,58,143/- (Rupees Nine Lakhs Fifty Eight Thousand One

Hundred and Forty Three only). The respondent also submits that

they are willing to accept the regularisation of the loan account on

the petitioner repaying the entire overdue amount as on date in eight

instalments.

2. I have heard Adv.Mumtaz Shumsuddin, the learned

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

Standing Counsel for the respondent.

3. Having regard to the submissions recorded as above, it

is directed that if the petitioner clears the entire overdue amount as

on date along with interest and charges in eight equated monthly

instalments, the respondent shall regularize the loan account of the

petitioner. The aforesaid instalments shall be paid along with the WP(C) NO. 10184 OF 2021

regular instalments under the loan account. Needless to mention, in

the event of default of any one instalment, the respondent shall be

entitled to proceed in accordance with law.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 10184 OF 2021

APPENDIX OF WP(C) 10184/2021

PETITIONER'S EXHIBITS :

EXHIBIT P1 POSSESSION NOTICE DATED 6.2.2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P2 REQUEST LETTER DATED 5.4.2021 GIVEN BY THE PETITIONER TO THE RESPONDENT.