Satheesh Kumar.E vs Feroke Co-Operative Urban Bank ...
2023 Latest Caselaw 4500 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       WP(C) NO. 8133 OF 2023


PETITIONER:

          SATHEESH KUMAR.E.,
          AGED 53 YEARS, SON OF AYYAPPAN,
          RESIDING AT KKP HOUSE,
          PUTTEEKKADU, FEROKE POST,
          KOZHIKODE, PIN - 673631

          BY ADV JACOB ABRAHAM



RESPONDENT:

          FEROKE CO-OPERATIVE URBAN BANK LTD,
          FEROKE MAIN BRANCH,
          REPRESENTED BY ITS BRANCH MANAGER.
          BUS STAND BUILDING, FEROKE,
          KOZHIKODE, PIN - 673671

          BY ADVS.
          S.K.SAJU
          PRANAV




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8133 OF 2023
                                     2



                              T.R. RAVI, J.
               --------------------------------------------
                       W. P. (C). No.8133 of 2023
                --------------------------------------------
                  Dated this the 12th day of April, 2023

                               JUDGMENT

The petitioner has approached this Court seeking permission to pay

off the amounts due to the respondent Bank in easy instalments. The

counsel for the respondent on instructions submits that the overdue

amount comes to ₹3,71,493/- and the loan period is available till 2028.

In the above circumstances, this writ petition is disposed of

permitting the petitioner to pay off the overdue amount in 15 equal

monthly instalments, the 1st instalment falling due on or before

12.05.2023 and the subsequent instalments falling due on or before 12 th

of the succeeding months. The petitioner shall pay the regular monthly

instalments along with the instalments towards the overdue amounts. If

the petitioner pays the entire instalments as directed above, the

respondents shall regularise the loan account. If the petitioner makes

two defaults in payment of instalments, the respondents are at liberty to

proceed with the recovery. Steps for recovery shall be kept in abeyance

to facilitate the payment of instalments. Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 8133 OF 2023

APPENDIX OF WP(C) 8133/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LOAN LEDGER RELATING TO THE PETITIONER AND MAINTAINED BY THE RESPONDENT BANK.

Exhibit P2 RECEIPT FOR RS.1,50,000/- DT 9.1.2023 ISSUED BY THE BANK TO THE PETITIONER.

Exhibit P3 RECEIPT FOR RS.2,50,000/ DT 21.2.2023 ISSUED BY THE BANK TO THE PETITIONER.

Exhibit P4 NOTICE-DATED 6.3.2023 ISSUED BY ASHA ANTONY, ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE, KOZHIKODE IN C.M.P. NO.1890 OF 2022 TO THE PETITIONER.