Filomina vs The Branch Manager
2022 Latest Caselaw 5907 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                       WP(C) NO. 17545 OF 2022
PETITIONER:

            FILOMINA
            AGED 55 YEARS
            W/O.NITE, KANDATHIL HOUSE, PUTHENPEEDIKA, ANTHIKAD,
            THRISSUR TALUK, THRISSUR DT.

            BY ADV M.R.REENA



RESPONDENTS:

    1       THE BRANCH MANAGER
            THE KERALA STATE CO-OPERATIVE BANK LTD.,
            ANTHIKAD BRANCH, THRISSUR DT.

    2       THE AUTHORIZED OFFICER
            THE KERALA STATE CO-OP BANK LTD., HEAD OFFICE,
            SAHAKARANA SAPTHADHI MANDIRAM, TUDA ROAD,
            KOVILAKATHUPADAM, THIRUVAMBADY P.O.,
            THRISSUR - 680 022.

            SRI. P.C. SASIDHARAN, SC.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17545 OF 2022
                             2

                          JUDGMENT

The petitioner seeks permission to wipe off the

liabilities due to the respondents in easy installments. The

petitioner had availed a loan in 2017, which was for a term

of 15 years (174 months) on execution of mortgage by

deposit of title deed. When the amounts became overdue,

the respondents have initiated steps for recovery by

issuance of Ext.P2 notice on 28.09.2021.

2. On instructions, the counsel for the respondents

submits that, an amount of Rs.9,22,468/- is overdue as on

30.04.2022 and if the petitioner pays off the amount

overdue in installments along with the amounts payable as

regular monthly installments, the case of the petitioner can

be considered for regularization.

In the above circumstances, the writ petition is

disposed of permitting the petitioner to pay a sum of

Rs.9,22,468/- in ten equal monthly installments beginning WP(C) NO. 17545 OF 2022

from 04.07.2022 and the subsequent installments falling

due on the 4th of the succeeding months. The petitioner

shall also pay the regular monthly installments along with

the installments towards the overdue. If the petitioner

makes two consecutive defaults in the payment of the

installments, the respondents are free to proceed with the

recovery. Once the entire amount overdue is wiped off, the

respondents shall issue orders for regularizing the loan.

Sd/-

T.R.RAVI JUDGE spk WP(C) NO. 17545 OF 2022

APPENDIX OF WP(C) 17545/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE PRIOR TO THE LITIGATION DATED 22/07/2021.

Exhibit P2 A TRUE COPY OF THE NOTICE OF FURTHER PROCEEDINGS DATED 28/09/2021.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 20/01/2022 SENT BY THE PETITIONER.

RESPONDENT'S/S EXHIBITS : NIL