Jijin Das vs Kerala State Co-Operative Bank ...
2022 Latest Caselaw 4272 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
 THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                    WP(C) NO. 11751 OF 2022
PETITIONERS:

    1       JIJIN DAS,AGED 30 YEARS,S/O DEVDAS, KARMA, MANI
            NAGAR, KATTAKADA.P.O., THIRUVANANTHAPURAM
            DISTRICT., PIN - 695572

    2       AKHILA RAJ,AGED 24 YEARS,W/O JIJIN DAS, KARMA,
            MANI NAGAR, KATTAKADA.P.O, THIRUVANANTHAPURAM
            DISTRICT, PIN - 695572

            BY ADV P.ANOOP (MULAVANA)


RESPONDENTS:

    1       KERALA STATE CO-OPERATIVE BANK LTD
            REGIONAL OFFICE,STATE CO OPERATIVE BANK BUILDING,
            OVER-BRIDGE JUNCTION,THIRUVANANTHAPURAM,
            REPRESENTED BY ITS BRANCH MANAGER., PIN - 695001

    2       THE AUTHORIZED OFFICER ,KERALA STATE CO-OPERATIVE
            BANK LTD, REGIONAL OFFICE,STATE CO OPERATIVE BANK
            BUILDING, OVER-BRIDGE JUNCTION,
            THIRUVANANTHAPURAM., PIN - 695001

            BY ADV THOMAS ABRAHAM




     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   07.04.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) NO.11751 of 2022
                                  2


                             JUDGMENT

Repayment of the credit facilities availed by

the petitioners from the respondent Bank was

defaulted. The Bank has initiated recovery steps.

Exhibits P4 and P5 are the execution petitions. The

petitioners seek for an easy instalment facility to

wipe off the debt.

2. Heard the learned counsel for the petitioners

and the learned standing counsel for the Bank.

3. Considering the financial stringency pointed

out by the petitioners and also the quantum of the

amount involved, I am of the opinion that reasonable

instalment facility can be afforded to the

petitioners.

Accordingly, the writ petition is disposed of

with the following directions:

1) Petitioners shall pay an amount of

D 5 Lakhs on or before 25.04.2022,

towards the amounts required to wipe off

the debt due to the Bank.

W.P(C) NO.11751 of 2022

2) The balance amount required to wipe

off the debt, including interest and

costs, shall be paid in ten equal monthly

instalments commencing from 15.05.2022.

3) The subsequent instalments shall be

payable on or before the 20th day of the

succeeding months.

4) In case of default in payment of a

single instalment, the petitioners will

lose the benefit granted under this

judgment.

Sd/-

SATHISH NINAN, JUDGE vdv W.P(C) NO.11751 of 2022

APPENDIX OF WP(C) 11751/2022

PETITIONER EXHIBITS

Exhibit1 TRUE COPY OF THE JUDGMENT DATED 4.5.2018 IN W.P.(C) NO. 14844/2018.

Exhibit2 TRUE COPY OF THE JUDGMENT IN W.P.(C).

NO. 3478/2019 DATED 6.2.2019.

Exhibit3 TRUE COPY OF THE RECEIPT DTD.

6.12.2021.

Exhibit P4 TRUE COPY OF THE NOTICE IN EXECUTION PETITION NO. 1297/2020 DATED 14.3.2022 ISSUED TO THE 1ST PETITIONER.

Exhibit P5 TRUE COPY OF THE NOTICE IN EXECUTION PETITION NO. 1298/2020 DATED 14.3.2022 ISSUED TO THE 2ND PETITIONER.