Vijayan S.K vs The Assistant Registrar
2022 Latest Caselaw 3675 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE SATHISH NINAN
 THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                      WP(C) NO. 10136 OF 2022
PETITIONER:

      VIJAYAN S.K,AGED 55 YEARS,S/O.GURI, SASTHAMKUNNEL
      HOUSE, EZHAKKARANAD P.O., MANEED, ERNAKULAM, PIN-682308

              BY ADV M.RETHEESHKUMAR



RESPONDENTS:

  1     THE ASSISTANT REGISTRAR (CO-OPERATION)-MUVATTUPUZHA,
        OFFICE OF THE ASSISTANT REGISTRAR, KURISINGAL
        BUILDING, PAYWARD COMPLEX, XIII/85, C6, ARAKUZHA RD,
        P.O.JUNCTION, THOTTUMKALPEEDIKA, MUVATTUPUZHA ,
        KERALA,PIN-686 661

  2     THE SPECIAL SALE OFFICER,CO-OP AGRI AND RURAL
        DEVELOPMENT BANK GROUP, THE CO-OPERATIVE (PRIMARY)
        AGRICULTURE AND RURAL DEVELOPMENT BANK LTD NO.4389,
        MUVATTUPUZHA, ERNAKULAM,PIN-686 661

  3     THE CO-OPERATIVE (PRIMARY) AGRICULTURE AND RURAL
        DEVELOPMENT BANK LTD NO.4389,MUVATTUPUZHA,
        ERNAKULAM,PIN-686 661, REPRESENTED BY ITS BRANCH
        MANAGER

              BY ADV P.D.SUBRAMANIAN NAMPOOTHIRI

              SR.G.P SRI. BIMAL.K.NATH




       THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION      ON   24.03.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) NO.10136 of 2022
                                   2


                             JUDGMENT

Repayment of the credit facility availed by the

petitioner from the respondent Bank was defaulted.

Recovery proceedings have been initiated by the Bank.

The petitioner seeks for regularisation of the loan.

2. Heard the learned counsel for the petitioner

and the learned standing counsel for the Bank.

3. The petitioner seek for grant of an

instalment facility for regularisation of the loans.

Considering the financial constraints pointed out by

the petitioner, that further terms is available for

the loan, and the quantum of the overdue amount, I am

of the opinion that an opportunity for regularisation

can be granted.

Accordingly, the writ petition is disposed of

with the following directions:

1) Petitioner shall pay an amount of

Rs. 1 Lakh on or before 31.03.2022,

towards the amounts required for

regularisation of the account.

W.P(C) NO.10136 of 2022

2) The balance amount required for

regularisation, including interest and

costs, shall be paid in twelve equal

monthly instalments commencing from

20.04.2022.

3) The subsequent instalments shall be

payable on or before the 20th day of the

succeeding months.

4) The instalments as above shall be in

addition to the regular EMIs payable in

the loan accounts.

5) In case of default of a single

instalment, the petitioner will lose the

benefit granted under this judgment and

further proceedings for recovery can go

on.

Sd/-

SATHISH NINAN, JUDGE vdv W.P(C) NO.10136 of 2022

APPENDIX OF WP(C) 10136/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 24.02.2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 10.03.2022 GIVEN TO THE 2ND RESPONDENT