Usha Amma vs Kerala State Co-Operative Bank
2023 Latest Caselaw 4847 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                         WP(C) NO. 13731 OF 2023
PETITIONER:

              USHA AMMA
              AGED 51 YEARS
              MAHESH BHAVANAM (H), AAYIKKUNNAM, KOLLAM,
              KERALA - 691559.

              BY ADV AJITH M. JIJI


RESPONDENT:

              KERALA STATE CO-OPERATIVE BANK
              REPRESENTED BY THE AUTHORIZED OFFICER, REGIONAL OFFICE,
              EAST FORT P.O, THIRUVANANTHAPURAM - 695023.

              BY ADV P.C.SASIDHARAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13731 OF 2023

                                       2

                                T.R. RAVI, J.
                --------------------------------------------
                      W.P.(C) No.13731 of 2023
                    --------------------------------------------
                Dated this the 13th 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

respondent in easy instalments and to regularise the loan

account. The Standing Counsel for the respondent on

instructions submits that the overdue amount is Rs.7,51,747/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.7,51,747/- in 15 equal monthly instalments, the first

instalment falling due on or before 13.05.2023 and the

subsequent instalments falling due on or before the 13 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 respondent shall regularise the loan WP(C) NO. 13731 OF 2023

account. If the petitioner makes two defaults in the payment of

instalments, the respondent 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 mpm WP(C) NO. 13731 OF 2023

APPENDIX OF WP(C) 13731/2023

PETITIONER'S EXHIBITS

Exhibit -P1 TRUE COPY OF THE SAID POSSESSION NOTICE DATED 22.03.2023 ISSUED ON THE PETITIONER BY THE RESPONDENT BANK.

Exhibit -P2 TRUE COPY OF THE REQUEST LETTER DATED 06.04.2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.