Sameer Kunnel vs The Kerala State Co-Operative ...
2023 Latest Caselaw 4572 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. 13054 OF 2023


PETITIONER:

          SAMEER KUNNEL
          AGED 43 YEARS, S/O AHAMMED HAJI,
          BASHEER MANZIL, HADDAD NAGAR,
          PALLIKKARA P.O, KASARAGOD,
          PIN - 671316

          BY ADVS.
          RAHUL SASI
          NEETHU PREM
          ARCHANA VINOD



RESPONDENTS:

    1     THE KERALA STATE CO-OPERATIVE BANK
          REP. BY THE MANAGER,
          SOUTH BAZAR BRANCH,
          KANNUR, PIN - 670001

    2     KERALA STATE CO-OPERATIVE BANK
          REP. BY THE AUTHORIZED OFFICER,
          KANNUR REGIONAL OFFICE,
          KANNUR, PIN - 670002

          BY ADV M.SASINDRAN




     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. 13054 OF 2023
                                      2



                                T.R. RAVI, J.
                 --------------------------------------------
                        W. P. (C). No.13054 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 respondents on instructions submits that the

overdue amount comes to ₹6,68,232/- and the period of the loan is

availabel till 2027.

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. 13054 OF 2023

APPENDIX OF WP(C) 13054/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE OF INTENDED SALE UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 DATED 28.04.2023