Kerala High Court
Lathabai vs State Of Kerala on 7 April, 2022
WP(C) NO. 6938 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 6938 OF 2022
PETITIONER/S:
LATHABAI,
AGED 62 YEARS
W/O. LATE MADHAVANPILLAI,
KANNAMBALAM HOUSE, KOLLAM TALUK, PANAYAM VILLAGE,
PERUMAN PADINJARU DESOM, KOLLAM DISTRICT 691 601.
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO DEPARTMENT OF CO-
OPERATION, OFFICE OF THE REGISTRAR OF CO -
OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM 695
014.
2 KERALA STATE CO OPERATIVE BANK,
ANCHALAMMUD BRANCH, REP BY ITS MANAGER,
ANCHALAMMUD MAIN P.O. KOLLAM DISTRICT 691 601.
BY ADV SRI.P.C.SASIDHARAN, SC, KOLLAM DISTRICT CO-
OPERATIVE BANK LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6938 OF 2022
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BECHU KURIAN THOMAS, J.
=========================
W.P.(C).No.6938 of 2022
=========================
Dated this the 7th day of April, 2022
JUDGMENT
Petitioner as borrower from the respondent bank, has
committed default in repayment. Consequently, proceedings have
been initiated by the bank for recovery of the amounts due.
2. During the course of hearing, petitioner has confined the
relief to an opportunity for repaying the overdue amount in
instalments and to obtain regularisation of the loan account.
3. It was submitted on behalf of the respondent bank that the
petitioner committed default in repayment and the overdue amount is
Rs.4,08,394/-. 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 overdue amount in limited
instalments and regularise the loan account.
4. I have heard Adv..Dheeraj Rajan, learned counsel for the
WP(C) NO. 6938 OF 2022
petitioner as well as Adv.P.C.Sasidharan, the 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 overdue amount in twelve instalments and
thereafter, if the amount so directed is repaid within the time as
directed above, to have the loan account regularised.
6. Accordingly, there will be a direction to the respondent bank
to accept repayment of the entire overdue amount of Rs.4,08,394/-
along with bank charges from the petitioner and regularise the loan
account of the petitioner on the following conditions:
(i) The overdue amount of Rs.4,08,394/- shall be repaid in
twelve equated monthly instalments.
(ii) The first instalment shall be paid on or before
07.05.2022 and the remaining instalments shall be paid
on the 7th day of every succeeding month.
(iii) Petitioner shall continue to pay the regular EMI's along
with the instalments directed above.
(iv) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in
WP(C) NO. 6938 OF 2022
accordance with law.
(v) 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
uu
WP(C) NO. 6938 OF 2022
APPENDIX OF WP(C) 6938/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE
DATED 22.02.2022 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION
DATED 25.2.2022 PREFERRED BY THE
PETITIONER BEFORE THE IST RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE PAY IN SLIP ISSUED
BY THE 2ND RESPONDENT EVIDENCING THE
FACTUM OF DEPOSIT OF RS. 2,00,000/-
BEFORE THE 2ND RESPONDENT THEREIN ON
28.03.2022.
