Kamarunnisa vs The Authorized Officer, The ...
2022 Latest Caselaw 3099 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                       WP(C) NO. 8955 OF 2022
PETITIONER:

          KAMARUNNISA
          AGED 48 YEARS
          W/O.ASHRAF
          THAIVACHAPARAMBATH HOUSE
          NADAPURAM,KOZHIKKODE, KERALA, 673506

          BY ADVS.
          K.REEHA KHADER
          RESHMA R.NAIR


RESPONDENT:

          THE AUTHORIZED OFFICER,
          THE KERALA STATE CO-OPERATIVE BANK LTD,
          KALLAI ROAD, CALICUT
          PIN- 673 002

          BY ADV.P.C.SASIDHARAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8955 OF 2022

                                     2


                  BECHU KURIAN THOMAS, J.
                ===========================
                    W.P.(C) No.8955 of 2022
               ============================
                 Dated this the 17th day of March, 2022


                               JUDGMENT

Petitioner as borrower from the respondent bank, has

committed default in repayment. Consequently, proceedings have

been initiated by the bank for recovery of the amounts due.

2. During the course of hearing, petitioner has confined the

relief to an opportunity for repaying the outstanding amount in

instalments.

3. It was submitted on behalf of the respondent bank that

the petitioner committed default in repayment and the

outstanding amount is Rs.35,36,374/-. It was further submitted

that though proceedings for recovery have been initiated, as a

matter of indulgence, the respondent bank is willing to accept

repayment of the outstanding amount in limited instalments.

4. I have heard Smt.Reeha Khader, learned counsel for the WP(C) NO. 8955 OF 2022

petitioner as well as Shri.P.C.Sasidharan, learned counsel for the

respondent.

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 petitioner can be

granted an opportunity to repay the outstanding amount in

twenty instalments.

6. Accordingly, there will be a direction to the respondent

bank to accept repayment of the entire outstanding amount of

Rs.35,36,374/- along with bank charges from the petitioner on

the following conditions:

i. The outstanding amount of Rs.35,36,374/- shall be repaid in twenty equated monthly instalments.

ii. The first instalment shall be paid on or before 17.04.2022.

iii. In the event of default of any one instalment, the respondent bank shall be entitled WP(C) NO. 8955 OF 2022

to proceed in accordance with law.

iv. In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/ WP(C) NO. 8955 OF 2022

APPENDIX OF WP(C) 8955/2022

PETITIONERS' EXHIBIT

Exhibit P1 A TRUE COPY OF THE 13(2) NOTICE ISSUED BY THE RESPONDENT DATED 07-02-2022