Irshad M vs The Manager
2022 Latest Caselaw 6624 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                      WP(C) NO. 10263 OF 2022


PETITIONER:

          IRSHAD M
          AGED 42 YEARS,
          S/O MUHAMMED KUNJU,
          IRSHAD MANZIL,
          PADANAYAR KULANGARA,
          VADAKKUMURI, KARUNAGAPPALLY,
          KOLLAM-690 518.

          BY ADV M.R.SASITH



RESPONDENT:

          THE MANAGER
          KERALA STATE CO-OPERATIVE BANK LTD,
          (POPULARLY KNOWN AS KERALA BANK),
          EVENING BRANCH, KARUNAGAPPALLY,
          KOLLAM-690 518

          SRI.P.C.SASIDHARAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10263 OF 2022
                                     2




                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 10263 of 2022
               --------------------------------------------
                 Dated this the 9th day of June, 2022

                              JUDGMENT

Admit. Standing counsel takes notice for the respondent.

2. The petitioner has approached this Court seeking

permission to pay of the amounts outstanding to the respondent in

easy instalments. The counsel for the respondent on instructions

submits that the period of loan is till 2024 and the present amount

overdue is ₹1,91,501/-. Even though the petitioner has prayed for

20 equal monthly instalments, this Court will not be justified in

granting such a large period.

3. The writ petition is hence disposed of directing the

petitioner to pay off the overdue amount of ₹1,91,501/- in 8 equal

monthly instalments, the 1st instalment falling due on or before

09.07.2022 and the subsequent instalments falling due on or before

the 9th of every succeeding months. The above amounts shall be

paid along with regular EMI payable on the loan account. If the

petitioner makes default of two consecutive instalments, the

respondents will be entitled to continue with the recovery WP(C) NO. 10263 OF 2022

proceedings. If the petitioner completes the payment of overdue

amount, the respondent may consider regularisation of the loan.

Steps for recovery shall be kept in abeyance to facilitate payment of

instalments.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 10263 OF 2022

APPENDIX OF WP(C) 10263/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 20.1.2021, ISSUED BY THE RESPONDENT BANK TO THE PETITIONER