Prasad M Cherian vs Thiruvalla Urban Co-Operative ...
2023 Latest Caselaw 4559 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. 12099 OF 2023
PETITIONER:

          PRASAD M CHERIAN
          AGED 58 YEARS
          S/O. CHERIAN, MANNUCHERIL, ALAMTHURUTHI THIRUVALLA,
          PATHANAMTHITTA, PIN - 689113

          BY ADVS.
          S.SREEDEV
          ENOCH DAVID SIMON JOEL
          RONY JOSE
          LEO LUKOSE
          KAROL MATHEWS SEBASTIAN ALENCHERRY
          DERICK MATHAI SAJI



RESPONDENTS:

    1     THIRUVALLA URBAN CO-OPERATIVE BANK LTD. NO 477
          TOWN BRANCH, NO. 51, THIRUVALLA, PATHANAMTHITA
          REPRESENTED BY ITS AUTHORISED OFFICER., PIN - 689113

    2     THE AUTHORIZED OFFICER
          THIRUVALLA URBAN CO-OPERATIVE BANK LTD. NO 477, TOWN
          BRANCH, NO. 51, THIRUVALLA, PATHANAMTHITA, PIN - 689113

          BY ADV T.P.PRADEEP




     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. 12099 OF 2023               2




                             T.R. RAVI, J.
              --------------------------------------------
                      W.P.(C).No.12099 of 2023
               --------------------------------------------
                 Dated this the 12th day of April, 2023


                               JUDGMENT

The prayer in the writ petition is to permit the petitioner to pay

off the overdue amounts in the loan account availed from the

respondents in easy instalments and to regularise the loan account.

The Standing Counsel on instructions submits that the overdue

amount is Rs.5,49,421/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.5,49,421/- in 10 equal monthly instalments, the first instalment

falling due on or before 12.05.2023 and the subsequent instalments

falling due on or before the 12 th of the succeeding months. The

petitioner shall also pay the regular monthly instalments along with

the instalments towards the overdue amount as stated above. If the

petitioner pays the entire overdue amount, the respondents shall

regularise the loan account. If the petitioner makes a single default in

the payment of instalments, the respondents will be at liberty to

continue with coercive steps for recovery. The coercive steps initiated

shall be kept in abeyance to facilitate the payment of instalments as

directed above.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 12099/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 18.12.2020 IN THE NAME OF MRS.

SUSAN PRASAD ISSUED FROM INDO AMERICAN HOSPITAL, VAIKOM KOTTAYAM.

Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED 01.11.2021 NUMBERED 08/SA/2021-22 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 13 (2) OF THE SARFAESI ACT.