Nabeesa.A vs Kollam Co-Operative Urban Bank ...
2022 Latest Caselaw 5193 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
                         WP(C) NO. 15748 OF 2022


PETITIONERS:

    1          NABEESA.A.,
               AGED 73 YEARS, HARIS HOUSE, KEEZHECHIRA,
               MAYYNAD P.O., KOLLAM 691 303.

    2          MUHAMMED HARIS,
               HARIS HOUSE, KEEZHECHIRA, MAYYNAD P.O., KOLLAM
               691 303.

               BY ADVS.
               K.MOHANAKANNAN
               A.R.PRAVITHA



RESPONDENTS:

    1          KOLLAM CO-OPERATIVE URBAN BANK LTD.,
               NO. 960, H.O. YMCA ROAD 691 303,
               REPRESENTED BY ITS MANAGER.

    2          THE AUTHORISED OFFICER,
               KOLLAM CO-OPERATIVE URBAN BANK LTD., NO. 960,
               H.O. YMCA ROAD, KOLLAM DISTRICT 691 303.

               BY ADV.
               SMT. RENU D.P.




        THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   10.05.2022,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.15748 of 2022                    -2-




                                T. R. RAVI, J.
                           -------------------------------
                           W.P.(C) No.15748 of 2022
                       --------------------------------------
                       Dated this the 10th day of May, 2022



                                  JUDGMENT

The petitioners seek permission to pay all the overdue amounts in

instalments.

2. The Standing counsel for the respondent Bank, on instructions,

submits that the overdue amount in the 2 loan accounts, as on today, is

Rs.2,47,25,515/- (Rupees Two crores fortyseven lakhs twenty five thousand

five hundred and fifteen only) and that if the petitioners pay Rs.30,00,000/-

(Rupees Thirty lakhs only) within 2 weeks, the petitioners can be permitted

to pay off the balance amount in 10 equal monthly instalments. The

petitioners are agreeable to the above submission.

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

permitting the petitioners to pay Rs.30,00,000/- (Rupees Thirty lakhs only)

on or before 26.05.2022. If the abovesaid payment is made, the petitioners

shall be permitted to pay the amount of Rs.2,17,25,515/- (Rupees Two crores

seventeen lakhs twenty five thousand five hundred and fifteen only) in equal

monthly instalments, starting from 26.06.2022. If the petitioners make any

default, the respondents will be entitled to continue the recovery proceedings.

If the petitioners completes the payment of the defaulted amount as

aforesaid, the respondents shall regularise the term loan account.

The writ petition is disposed of.

Sd/-

T. R. RAVI, JUDGE Skk/10.5.22

APPENDIX OF WP(C) 15748/2022

PETITIONERS' EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE JUDGEMENT IN WRIT PETITION NO. 7602/2019 DATED 29.3.2019.

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 28.4.2022.