Mamitha.K.K vs Senior Inspector/Special Sales ...
2022 Latest Caselaw 9366 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                        WP(C) NO. 25092 OF 2022
PETITIONER/S:

    1     MAMITHA.K.K.
          AGED 39 YEARS
          PEEDIKKERI HOUSE, ELANTHIKARA DESOM,
          ELANTHIKKARA P.O., ERNAKULAM DISTRICT, PIN - 683594
    2     JAMES.P.O.
          AGED 59 YEARS
          PAYYAPPILLY HOUSE, ELANTHIKARA DESOM,
          ELANTHIKKARA P.O., ERNAKULAM DISTRICT, PIN - 683594
    3     SHAJI P.K.
          AGED 51 YEARS
          PEEDIKKERI HOUSE, ELANTHIKARA DESOM,
          ELANTHIKKARA P.O., ERNAKULAM DISTRICT, PIN - 683594
          BY ADVS.
          FRANCO T.J.
          V.R.SASSIDHARAN


RESPONDENT/S:

    1     SENIOR INSPECTOR/SPECIAL SALES OFFICER
          KERALA STATE CO-OPERATIVE BANK LIMITED, THRISSUR
          REGION, ERNAKULAM DISTRICT, PIN - 682030
    2     THE KERALA STATE CO-OPERATIVE BANK LTD., (KERALA BANK)
          PUTHENVELIKKARA BRANCH, ERNAKULAM DISTRICT, REP. BY ITS
          BRANCH MANAGER, PIN - 683594
          BY ADVS.
          SRI.THOMAS ABRAHAM, SC, THIRUVANANTHAPURAM DISTRICT
          CO.OPERATIVE BANK LIMITED
          N.RAGHURAJ


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25092 OF 2022                     2



                                  JUDGMENT

The 1st petitioner availed a loan from the respondent bank.

Petitioners 2 and 3 are the guarantors of the loan. The bank

initiated proceedings under the provisions of the Kerala Co-

operative Societies Act and obtained an award against the

petitioner. On the basis of the award, revenue recovery

proceedings have been initiated against the petitioners.

2. Learned counsel appearing for the petitioners

submits that the petitioners are limiting their relief for

permission to clear of the liability in reasonable instalments.

He submits that the amount due is approximately Rs.5,25,000/-.

3. Learned Standing Counsel appearing for the

respondent bank submits that as on date, the amount due and

recoverable from the petitioner is Rs.5,27,366/- (Rupees five

lakhs twenty seven thousand three hundred and sixty six only)

and that reasonable instalments can be granted to the

petitioner to clear the liability.

4. I have heard the learned counsel for the petitioners

as well as the learned Standing counsel appearing for the

respondent bank.

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

petitioners can be granted an opportunity to repay the

outstanding amount in ten instalments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire

outstanding amount of Rs.5,27,366/- (Rupees five lakhs

twenty seven thousand three hundred and sixty six only)

along with accrued interest and bank charges from the

petitioners in the following manner:

(i) The outstanding amount of Rs.5,27,366/- (Rupees five lakhs twenty seven thousand three hundred and sixty six only) shall be repaid in ten equated monthly instalments along with any accrued interest/costs;

(ii) The first instalment shall be paid on or before 31.08.2022 and the subsequent instalments shall be paid on or before the last working day of the succeeding months;

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law;

(iv)If the petitioners comply with the aforesaid directions, the revenue recovery proceedings now initiated against the petitioners shall be kept in abeyance.

The writ petition is disposed of as above.

sd/-

GOPINATH P., JUDGE ajt

APPENDIX OF WP(C) 25092/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE BANK PASS BOOK ISSUED TO THE PETITIONER BY THE RESPONDENT BANK.

Exhibit-P2 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. BHAVYA.B.S. DATED 03/10/2018. Exhibit-P3 T.RUE COPY OF THE FORM-1 NOTICE DATED 23/03/2022 ISSUED BY THE 1ST RESPONDENT. Exhibit-P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE DISTRICT COLLECTOR, ERNAKULAM AND ORDER PASSED BY THE DISTRICT COLLECTOR, ERNAKULAM DATED 21/04/2022. Exhibit-P5 TRUE COPY OF THE NOTICE DATED 06/07/2022 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER.

Exhibit-P6 TRUE COPY OF THE NOTICE DATED 06/07/2022 ISSUED BY THE 1ST RESPONDENT TO THE 1ST AND 3RD PETITIONERS.