Baby John vs Muvattupuzha Urban Co-Operative ...
2022 Latest Caselaw 3238 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943


                         WP(C) NO. 9271 OF 2022


PETITIONER:

             BABY JOHN,
             AGED 67 YEARS,
             S/O.JOHN,
             KARACKAL HOUSE,
             PALAKUZHA P. O.
             PIN -686 662

             BY ADVS.
             MUMTAZ SHUMSUDDIN,
             AJITH M. JIJI


RESPONDENT:

             MUVATTUPUZHA URBAN CO-OPERATIVE BANK,
             REPRESENTED BY AUTHORISED OFFICER,
             KACHERITHAZHAM,
             MUVATTUPUZHA P.O.
             ERNAKULAM -686 661

             BY ADV.SAJEEV KUMAR K.GOPAL,SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.03.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.9271 OF 2022
                                    2

                     BECHU KURIAN THOMAS, J.
               ===========================
                      W.P(C) No.9271 OF 2022
               ============================
                Dated this the 18th day of March, 2022


                               JUDGMENT

The sole relief claimed by the petitioner is for direction to the

respondent to consider Ext.P3 representation and for permission to

pay the overdue amount in instalments and to regularise his loan

account.

2. Petitioner had availed an overdraft facility from the

respondent after creating a security interest in 2019.

Subsequently, default in repayment occurred and respondent has

initiated steps to enforce the security interest. Petitioner alleges to

have submitted Ext.P3 request seeking permission to repay the

defaulted amount in instalments.

3. Adv.Sajeev Kumar K. Gopal, learned Standing Counsel for

the respondent upon instructions submitted that the sale pursuant

to Ext.P2 took place on 11.03.2022 and the bank has purchased

the property. It was also submitted that notwithstanding the sale,

the respondent is willing to re-convey the property to the petitioner

provided the petitioner clears the entire loan liability within a

reasonable time.

W.P(C) No.9271 OF 2022

4. Petitioner has requested for repayment of the entire

liability in instalment as is evident from Ext.P3. Since the

respondent has offered to accept repayment, whether the same

should be in instalments or not is a matter to be decided by the

respondent itself.

5. In view of the above, though there is no mandate upon the

respondent to abide by the request of the petitioner, having regard

to the circumstances, there will be a direction to the respondent to

consider Ext.P3 representation as expeditiously as possible, at any

rate, within 30 days from the date of receipt of a copy of this

judgment, after granting an opportunity of hearing to the

petitioner.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE nk W.P(C) No.9271 OF 2022

APPENDIX OF WPC NO.9271 OF 2022

PETITIONER EXHIBITS

EXHIBIT P1 : TRUE COPY OF THE POSSESSION NOTICE DATED 26.11.2021 ISSUED BY THE RESPONDENT TO THE PETITIONER

EXHIBIT P2 : TRUE COPY OF THE SALE NOTICE DATED 21.02.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER

EXHIBIT P3 : TRUE COPY OF THE REQUEST LETTER DATED 05.03.2022 SUBMITTED BY THE PETITIONER TO THE RESPONDENT