Kerala High Court
Shimmy.M vs Kerala State Co-Operative Bank ... on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 12233 OF 2022
PETITIONERS:
1 SHIMMY.M.,
AGED 42 YEARS
DAUGHTER OF KUTTIKRISHNAN NAIR, 'DEVI KRISHNA' HOUSE,
KAKKODI P.O., KOZHIKODE DISTRICT, PIN-673 611.
2 RAMADEVI.K.,
AGED 70 YEARS
WIFE OF KUTTIKRISHNAN NAIR, 'DEVI KRISHNA' HOUSE,
KAKKODI P.O., KOZHIKODE DISTRICT, PIN-673 611.
BY ADVS.
PRAKASH P.GEORGE
SADER E.REAZ
BIJU GEORGE
JEENA ANNIE JOSEPH
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK LTD.,
(KERALA BANK), REPRESENTED BY ITS MANAGING DIRECTOR,
CO-BANK TOWERS, PMG JUNCTION, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN-695 033.
2 THE AUTHORISED OFFICER,
KERALA STATE CO OPERATIVE BANK LTD.(KERALA BANK),
REGIONAL OFFICE, KALLAI ROAD, CHALAPPURAM P.O.,
KOZHIKODE, PIN-673 002.
3 THE MANAGER, KERALA STATE CO OPERATIVE BANK LTD(KERALA
BANK),
KAKKODI BRANCH, KAKODI P.O., KOZHIKODE, PIN-673 611.
OTHER PRESENT:
SRI P.C SASIDHARAN-SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12233 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.12233 of 2022
============================
Dated this the 5th day of April, 2022
JUDGMENT
Petitioners as borrowers from the respondent bank, have
committed default in repayment. Consequently, proceedings have
been initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioners have confined the
relief to an opportunity for repaying the outstanding amount in
instalments.
3. It was submitted on behalf of the respondent bank that
the petitioners committed default in repayment and the outstanding
amount is Rs.17,78,803/-. It was further submitted that though
proceedings for recovery have been initiated, as a matter of
indulgence, the respondent bank is willing to accept repayment of
the outstanding amount in limited instalments.
4. I have heard Shri.Prakash P George, learned counsel for the
WP(C) NO. 12233 OF 2022
petitioners as well as Shri.P.C.Sasidharan, learned counsel for the
respondents.
5. Having regard to the circumstances of the case and the
situation now prevailing, apart from the submissions made as
recorded above, I am of the view that the petitioner can be granted
an opportunity to repay the outstanding amount in four instalments.
6. Accordingly, there will be a direction to the respondent
bank to accept repayment of the entire outstanding amount of
Rs.17,78,803/- along with bank charges from the petitioners on the
following conditions:
i. The outstanding amount of Rs.17,78,803/- shall
be repaid in four equated monthly instalments along
with future interest.
ii. The first instalment shall be paid on or before
05.05.2022 and the remaining instalments shall be
paid on or before the 5th of the succeeding months.
iii. In the event of default of any one instalment,
the respondent bank shall be entitled to proceed in
accordance with law.
WP(C) NO. 12233 OF 2022
iv. In order to enable the petitioner 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
ssa/
WP(C) NO. 12233 OF 2022
APPENDIX OF WP(C) 12233/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED
18.03.202-0 ISUD BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE NOTICE BEARING NUMBER
KSCB/R0/SAR-9588/2021-22 DATED 08.03.2022
ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE AGREEMENT FOR SALE DATED
30.03.2022.
Exhibit P4 TRUE COPY OF COMPUTER PRINTOUT OF THE EMAIL
COMMUNICATION DATED 30.03.2022 SENT BY THE
1ST PETITIONER TO THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF COMPUTER PRINTOUT OF THE EMAIL
COMMUNICATION DATED 30.03.2022 SENT BY THE
1ST PETITIONER TO THE 3RD RESPONDENT.
