Manjusha vs Kerala State Co-Operative Bank ...
2022 Latest Caselaw 4869 Ker

              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. 14973 OF 2022
PETITIONERS:

     1       MANJUSHA
             AGED 41 YEARS
             W/O. ARUN THOMAS, M.R.BHAVAN, VALIYAVILA,
             UCHAKADA, VENGANOOR P.O.,
             THIRUVANANTHAPURAM-695527.
     2       ARUN THOMAS,
             AGED 45 YEARS
             S/O. THOMAS, M.R.BHAVAN, VALIYAVILA,
             UCHAKADA, VENGANOOR P.O.,
             THIRUVANANTHAPURAM-695527.
             BY ADV M.R.SARIN


RESPONDENTS:

     1       KERALA STATE CO-OPERATIVE BANK LTD.,
             REPRESENTED BY ITS BRANCH MANAGER, BALARAMAPURAM,
             THIRUVANANTHAPURAM-695501.
     2       THE BRANCH MANAGER,
             THE KERALA STATE CO-OPERATIVE BANK LIMITED,
             BALARAMAPURAM, THIRUVANANTHAPURAM-695501.


             BY SRI.THOMAS ABRAHAM, SC

      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.14973 of 2022
                                    2

                      MOHAMMED NIAS. C.P.,J
                   ------------------------
                     WP(C) No. 14973 of 2022
                   ------------------------
                 Dated this the 29th day of April, 2022


                             JUDGMENT

The petitioners have availed a loan for Rs.10,00,000/- for

the maintenance of building on 18.08.2016 by mortgaging their

property. 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 off the entire

liability.

3. The learned Standing Counsel for the respondent

Bank, on instructions, submits that the outstanding amount as

on 25.02.2022 is Rs.12,52,525/-

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 12 equal monthly instalment

facility to the petitioners to wipe off the liability due to the

respondent bank.

5. In the said circumstances this writ petitions is WP(C)No.14973 of 2022

disposed of permitting the petitioner to clear off the entire

liability due to the respondent bank in 12 equal monthly

instalments starting from 25.05.2022.

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.14973 of 2022

APPENDIX OF WP(C) 14973/2022

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT ON 8.12.2021 TO THE 2ND PETITIONER .