Kerala High Court
Thankamony.G vs Karamana Co Operative Urban Bank ... on 29 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 4379 OF 2022
PETITIONERS:
1 THANKAMONY.G
AGED 55 YEARS
WIFE OF KRISHNAKUTTY,
KRISHNALAYAM, WARD 1-320
VELLAYANI, PALAPOORU,
VELLAYANI.P.O,
THIRUVANANTHAPURAM, PIN - 695522
2 DEEPA.T.K
AGED 38 YEARS
DAUGHTER OF T. KRISHNANKUTTY,
KRISHNALAYAM, WARD 1-320
VELLAYANI, PALAPOORU,
VELLAYANI.P.O,
THIRUVANANTHAPURAM, PIN - 695522
3 RENJITH.S.J
AGED 39 YEARS
SON OF J. JAYARAJ,
KRISHNALAYAM, WARD 1/320
VELLAYANI, PALAPOORU,
VELLAYANI.P.O,
THIRUVANANTHAPURAM, PIN - 695522
4 KRISHNAKUTTY. T.
AGED 69 YEARS
SON OF THAMPI, KRISHNALAYAM, WARD 1-320
VELLAYANI, PALAPOORU,
VELLAYANI.P.O,
THIRUVANANTHAPURAM, PIN - 695522
BY ADVS.
SASTHAMANGALAM S. AJITHKUMAR
V.S.THOSHIN
SREEJITH S. NAIR
SATHEESH MOHANAN
P.A.MEERA
RESHMA M.S
SHAJU FRANCIS
WP(C)No.4379 of 2022
2
RESPONDENTS:
1 KARAMANA CO OPERATIVE URBAN BANK LIMITED
NO. 1761
REPRESENTED BY ITS MANAGER,
KARAMANA.P.O, THIRUVANANTHAPURAM
THIRUVANANTHAPURAM, PIN - 695022
2 KARAMANA CO OPERATIVE URBAN BANK LTD NO.1761
REPRESENTED BY AUTHORIZED OFFICER,
KARAMANA.P.O, THIRUVANANTHAPURAM
THIRUVANANTHAPURAM, PIN - 695022
BY ADVS.
R.S.KALKURA
M.S.KALESH(K-275)
R.BINDU(K/839/1990)
HARISH GOPINATH(K/232/1999)
P.I.NAJUMAL HUSSAIN(K/153/2015)
ANJALI B CHANDRAN(K/000654/2018)
PARVATHI ANIL(K/868/2018)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.4379 of 2022
3
MOHAMMED NIAS. C.P.,J
------------------------
WP(C) No. 4379 of 2022
------------------------
Dated this the 29th day of April, 2022
JUDGMENT
The 1st petitioner availed a loan from the 1st respondent
bank for Rs.15,50,000/- by creating mortgage of property as
the secured asset. Due to the difficulties caused, repayments
were not made in time and the same led to proceedings for
recovery against the petitioner.
2. The limited prayer of the petitioners in this writ
petition is to grant instalment facility to pay the overdue
amounts and to regularise the loan account.
3. The learned Standing Counsel for the respondent
Bank, on instructions, submits that the outstanding overdue
was Rs.5,74,908/-, out of which an amount of Rs.1,00,000/- was
paid on 27.4.2022.
4. Taking into account the averments in the writ
petition and after hearing the learned counsel on either side, I
deem it appropriate to grant 10 equal monthly instalment
facility to the petitioners to wipe off the balance overdue
amount of Rs.4,74,908/- due to the respondent bank.
WP(C)No.4379 of 2022
5. In the said circumstances this writ petition is
disposed of permitting the petitioners to clear off the overdue
amounts due to the respondent bank in 10 equal monthly
instalments starting from 01.06.2022. The petitioners will also
be liable to pay the applicable EMI with the accrued interest, if
any, continuously over and above the instalments to pay off the
overdue amounts.
6. It is made clear that if there are two defaults
committed in paying the instalments at any time, the petitioners
will lose the benefit of this order and the respondent bank will
be at liberty to proceed against the petitioner on the basis of
the recovery proceedings already initiated.
The writ petition is disposed of.
Sd/-
MOHAMMED NIAS. C.P.,JUDGE
dlK 29.4.2022
WP(C)No.4379 of 2022
APPENDIX OF WP(C) 4379/2022
PETITIONERS EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED U/S
13(2) OF THE SECURITISATION &
RECONSTRUCTION OF FINANCIAL ASSETS,2002
TO THE PETITIONER BY RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONERS BY THE ADVOCATE
COMMISSIONER IN MC 769/2021 PENDING
BEFORE THE CHIEF JUDICIAL MAGISTRATE
COURT, THIRUVANANTHAPURAM
