Sreekala T vs People'S Urban Co-Operative Bank ...
2022 Latest Caselaw 5227 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944


                     WP(C) NO. 14599 OF 2022
PETITIONER:

            SREEKALA T.
            AGED 54 YEARS
            D/O. K. THANKAPPAN, FLAT NO. 703 G,
            DD GOLDEN GATE, MLA ROAD, PALACHUVADU,
            KAKKANAD P.O, PIN - 682 030
            BY ADVS.
            M.S.UNNIKRISHNAN
            K.SUNIL
            ALEENA MARIA JOSE
            M.ARDRA KRISHNAN
            KRISHNENDU D.


RESPONDENTS:

    1       PEOPLE'S URBAN CO-OPERATIVE BANK LTD.
            MAIN ROAD, EAST FORT GATE, TRIPUNITHURA,
            PIN - 682 301
            REPRESENTED BY ITS GENERAL MANAGER.

    2       AUTHORISED OFFICER
            PEOPLE'S URBAN CO-OPERATIVE BANK LIMITED,
            MAIN ROAD, EAST FORT GATE,
            TRIPUNITHURA, PIN 682 301
            BY ADV DEVAPRASANTH.P.J.
            T.K SHAJAHAN, SR GP


     THIS     WRIT   PETITION    (CIVIL)   HAVING   BEEN   FINALLY
HEARD ON 13.05.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) No.14599 OF 2022
                                      2


                          T. R. RAVI, J.
            ===========================
                  WP(C) No.14599 OF 2022
            ============================
             Dated this the 13th day of May, 2022

                              JUDGMENT

When the case is taken up today, it is submitted by the learned

Counsel for the respondents that the petitioner has complied with the

interim direction to pay an amount of Rs.1,00,000/-. The learned

Counsel for the petitioner prays permission to pay the balance

outstanding in 5 equal instalments.

2. There will be an interim direction to the petitioner to pay the

balance amount of Rs.2,45,090/- in 5 equal instalments, the first

instalment falling due on the 10 th of June, 2022 and the subsequent

instalments on the 10th of the succeeding months.

3. Respondent bank will be entitled to continue with the recovery

proceedings, if the petitioner defaults two consecutive payments of the

instalments as referred above. After the payment of the entire

instalments and settling the amounts over due, the respondent shall

consider the question of regularisation of the loan account.

The writ petition is disposed of as above.

Sd/-

T. R. RAVI JUDGE nk WP(C) No.14599 OF 2022

APPENDIX OF WP(C) 14599/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 514 OF 2017 OF S.R.O, THRIKKAKARA DATED 16-2-2017

Exhibit P2 TRUE COPY OF THE BANK STATEMENT OF THE PETITIONER ISSUED BY PEOPLES URBAN CO-OPERATIVE BANK LTD, THRIKKAKARA BRANCH

Exhibit P3 TRUE COPY OF SALE NOTICE ISSUED BY THE 2 ND RESPONDENT DATED 25-1-2022 INTIMATING SYMBOLIC TAKING POSSESSION OF THE PROPERTY

Exhibit P4 TRUE COPY OF SALE NOTICE DATED 19-03-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P5 TRUE COPY OF THE PETITION BEFORE THE 1ST RESPONDENT REQUESTING FOR INSTALLMENT BENEFIT TO REPAY THE OVERDUE INSTALLMENTS.

Exhibit P6 TRUE COPY OF THE TRACK CONSIGNMENT REPORT OF POSTAL DEPARTMENT IN RELATION TO RECEIPT NO RL4100451831N PERTAINING TO EXT P5