Santhosh.N.R vs The Kodungallur Town ...
2023 Latest Caselaw 4540 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. 12679 OF 2023
PETITIONER:

     1        SANTHOSH.N.R
              AGED 55 YEARS
              S/O RAMAN,
              KOTTEKAD HOUSE, CHANDRAPINNI,
              THRISSUR DISTRICT, PIN - 680687
              BY ADVS.
              K.S.RAJESH
              M.SHAJU PURUSHOTHAMAN

RESPONDENTS:

     1        THE KODUNGALLUR TOWN CO-OPERATIVE BANK LTD
              NO:102, MOONNUPEEDIKA BRANCH, P.O.
              MOONNUPEEDIKA, THRISSUR DISTRICT, PIN - 680681
              REPRESENTED BY IT'S MANAGER.
     2        THE AUTHORISED OFFICER
              THE KODUNGALLUR TOWN CO-OPERATIVE BANK LTD,NO:102,
              HEAD OFFICE,P.O.KODUNGALLUR,
              THRISSUR DISTRICT, PIN - 680664
              SRI. V. M. KRISHNANKUMAR, STANDING COUNSEL

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.12679 of 2023
                                          2




                          T.R. RAVI, J.
               ------------------------------------
                 W.P.(C.) No.12679 of 2023
               ------------------------------------
              Dated this the 12th day of April, 2023

                              JUDGMENT

The petitioner has approached this Court seeking

permission to pay off the liabilities to the respondent

bank in easy instalments.

2. The Standing Counsel on instructions submits

that the overdue amount is Rs.3,75,487/-.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioner shall pay the overdue amount of

Rs.3,75,487/- in fifteen equal monthly

instalments, the first instalment becoming

payable on or before 12.05.2023 and the

subsequent instalments payable on or before

the 12th day of the succeeding months. If the

petitioner pays the entire instalments as WPC No.12679 of 2023

directed above, the respondents shall regularise

the loan account;

ii) The petitioner shall continue to pay the regular

instalments along with the instalments as

directed above;

iii) If the petitioner makes two defaults in the

payment of the instalments as directed above,

the respondents will be at liberty to continue

with the proceedings for recovery;

iv) Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI JUDGE SKP/12-04 WPC No.12679 of 2023

APPENDIX OF WP(C) 12679/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE DATED 30.12.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER UNDER SECTION 13(2) OF THE SECURITIZATION ACT EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 21.3.2023 FOR RS.1 LAKHS ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE