Joseph vs Kerala State Co-Operative Bank ...
2022 Latest Caselaw 9532 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       WP(C) NO. 23291 OF 2022
PETITIONER:

          JOSEPH,
          AGED 56 YEARS
          S/O. CHERU, THAIKKADAN HOUSE, KUNDUKAD P.O,
          MANALITHARA, THRISSUR DISTRICT, PIN 680 028.

          BY ADV K.M.MUHAMMED HUSSAIN


RESPONDENTS:

    1     KERALA STATE CO-OPERATIVE BANK LTD.,
          (KERALA BANK)
          SAHAKARANA SADABDI MANDIRAM,
          KOVILAKATHUMPADAM, THRISSUR, PIN 680 010.

    2     THE KERALA STATE CO-OPERATIVE BANK LTD.
          WADAKKANCHERY BRANCH, OTTUPARA,
          THRISSUR DISTRICT 680 582,
          REPRESENTED BY ITS BRANCH MANAGER.


          SRI. P. C. SASIDHARAN, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23291 OF 2022
                                       2




                              T.R.RAVI, J.
                      ----------------------------------------
                       WP(C) No.23291 of 2022
                    -------------------------------------------
               Dated this the 25th day of August, 2022

                             JUDGMENT

Admit. Standing Counsel takes notice for the respondents.

2. The prayer in the writ petition is for a permission to the

petitioner to wipe off the liabilities due to the respondents in

easy instalments. The Standing Counsel on instruction submits

that as on 17.08.2022 an amount of Rs.4,22,156/- is due from the

petitioners and that the term of the loan is already over. The

respondents are agreeable to permit the petitioner to pay the

amounts in instalments provided the instalments are regularly

paid and the respondents are permitted to continue with the

recovery if there is any default.

3. In the above circumstances, the writ petition is disposed

of permitting the petitioner to pay the amount of Rs.4,22,156/-

with accrued interest in 12 equal monthly instalments, the first

instalment falling due on or before 29.09.2022 and the

subsequent instalments falling due on or before the 26 th of the

succeeding months. If the petitioner makes two consecutive WP(C) NO. 23291 OF 2022

defaults in the payment of the instalment as directed above, the

respondents are at liberty to pursue with coercive steps for

recovery. Coercive steps for recovery shall be kept in abeyance

to facilitate the petitioner to pay the amount in instalment as

directed above.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 23291 OF 2022

APPENDIX OF WP(C) 23291/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD DATED 24.02.2020 IN ARC NO. 212 /2020

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER AND OTHERS.

RESPONDENT'S EXHIBITS      :    NIL


                  //TRUE COPY//             PA TO JUDGE