Chandran vs Urban Co-Operative Bank, Ponnani
2023 Latest Caselaw 4629 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. 9513 OF 2023


PETITIONERS:

    1     CHANDRAN,
          AGED 63 YEARS, S/O APPUNI,
          MARILAVALAPPIL HOUSE, P.O. PONNANI,
          EAZHAVATHURUTHY VILLAGE, PONNANI TALUK,
          MALAPPURAM DISTRICT, PIN - 679577

    2     PRASANNA,
          AGED 58 YEARS, W/O CHANDRAN,
          MARILAVALAPPIL HOUSE, P.O. PONNANI,
          EAZHAVATHURUTHY VILLAGE, PONNANI TALUK,
          MALAPPURAM DISTRICT, PIN - 679577

          BY ADVS.
          P.G.SURESH
          ASWATHY KRISHNAN



RESPONDENTS:

    1     URBAN CO-OPERATIVE BANK, PONNANI
          REPRESENTED THROUGH ITS AUTHORISED OFFICER,
          C.V JUNCTION, P.O., PONNANI,
          MALAPPURAM DISTRICT, PIN - 679577

    2     THE BRANCH MANAGER,
          URBAN CO-OPERATIVE BANK,
          P.O. PONNANI, C.V JUNCTION, PONNANI,
          MALAPPURAM DISTRICT, PIN - 679577

          BY SHOBY FRANCIS, SC


     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. 9513 OF 2023
                                         2



                                T.R. RAVI, J.
                 --------------------------------------------
                         W. P. (C). No.9513 of 2023
                  --------------------------------------------
                    Dated this the 12th day of April, 2023

                                 JUDGMENT

The petitioners have 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 as on

03.04.2023, the overdue amount comes to ₹8,71,876/- and the loan

period is available till 2027.

In the above circumstances, this writ petition is disposed of

permitting the petitioners 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 petitioners shall pay the regular monthly

instalments along with the instalments towards the overdue amounts. If

the petitioners pay the entire instalments as directed above, the

respondents shall regularise the loan account. If the petitioners make 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. 9513 OF 2023

APPENDIX OF WP(C) 9513/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LOAN PASS BOOK (DATED 18.06.2019) WHICH SHOWS THE PAYMENTS AND DUES PERTAINING TO THIS LOAN LIABILITY OF THE PETITIONERS.

Exhibit P2 THE TRUE COPY OF THE MEDICAL CERTIFICATE OF THE 2ND PETITIONER ISSUED BY DR.VIJITH K.V DATED 15.02.2023

Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 13.02.2023 TO TAKE POSSESSION