Saritha vs The Uco Bank Ltd
2022 Latest Caselaw 4766 Ker

W.P.C.No.14498/2022                        1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                        WP(C) NO. 14498 OF 2022
PETITIONERS:

      1      SARITHA,
             AGED 34 YEARS,
             W/O.GILSON, KALATHIL HOUSE, KOMBATHIKADAVU P.O,
             PUTHENCHIRA VILLAGE, THRISSUR DISTRICT, PIN 680
             666.

      2      GILSON K.V.,
             AGED 39 YEARS,
             S/O.VARGHESE, KALATHIL HOUSE, KOMBATHIKADAVU P.O,
             PUTHENCHIRA VILLAGE, THRISSUR DISTRICT PIN 680 666.

           BY ADVS.
           K.S.RAJESH
           M.SHAJU PURUSHOTHAMAN


RESPONDENTS:

      1     THE UCO BANK LTD.,
            KODUNGALLUR BRANCH , P.O KODUNGALLUR, PIN 680 664.
            REPRESENTED BY ITS BRANCH MANAGER.

      2     THE DEPUTY TAHSILDAR (RR),
            KODUNGALLUR TALUK, P.O KODUNGALLUR, PIN 680 664.

      3     THE VILLAGE OFFICER,
            PULLUT VILLAGE OFFICE, PULLUT, THRISSUR DISTRICT,
            PIN 680 664.

            SRI. H. RAMANAN,SC FOR R1,
            SMT. PARVATHY.K, GP
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.04.2022,      THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C.No.14498/2022                     2


                              JUDGMENT

Petitioners have filed this writ petition challenging the revenue

recovery proceedings initiated against them as per Ext.P1 demand

notice for an amount of Rs.1,21,347/-. The aforesaid revenue

recovery was for realizing the credit facility availed from the 1 st

respondent bank under the MSME Scheme. Later, there occurred

some default in repayment of the same and the Revenue Recovery

proceedings were initiated consequently.

2. Heard both sides.

3. Considering the facts and circumstances of the case, I am

of the view that an opportunity can be granted to the petitioners to

settle the loan account through installment facility.

Accordingly, this writ petition is disposed of directing the

petitioners to pay the entire amount covered by Ext.P1 along with

future interest in six equal monthly installments commencing from

20.05.2022. Upon failure of any installments, the aforesaid facility

shall stand cancelled. Subject to the above, all recovery proceedings

pursuant to Exts.P1 and P2 demand notices shall stand stayed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/27.4.22

APPENDIX OF WP(C) 14498/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 1-4-

2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS UNDER RULE 7 OF THE KERALA REVENUE RECOVERY ACT

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 1-4-

2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS UNDER RULE 34 OF THE KERALA REVENU RECOVERY ACT