Subaida M C vs Kerala State Co-Operative Bank ...
2023 Latest Caselaw 4849 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. 13865 OF 2023
PETITIONER:

              SUBAIDA M C
              W/O ABOOBACKER, AGED 55 YEARS
              ABSILA MANZIL HOUSE, PAYYOLI PO, KOZHIKODE - 673522.

              BY ADV K.V.RASHMI


RESPONDENTS:

     1        KERALA STATE CO-OPERATIVE BANK LIMITED,
              BENZER PLAZA, PAYYOLI, KOZHIKODE - 673522,
              REP. BY ITS MANAGER.
     2        RECOVERY OFFICER
              PB NO. 503, KALLAI ROAD, PO CHALAPPURAM,
              KOZHIKODE - 673002.

              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. 13865 OF 2023

                                       2

                                T.R. RAVI, J.
                --------------------------------------------
                      W.P.(C) No.13865 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

respondents in easy instalments and to regularise the loan

account. The Standing Counsel on instructions submits that the

overdue amount is Rs.10,71,961/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.10,71,961/- in 18 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 respondents shall regularise the loan WP(C) NO. 13865 OF 2023

account. If the petitioner makes two defaults 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 mpm WP(C) NO. 13865 OF 2023

APPENDIX OF WP(C) 13865/2023

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE BANK STATEMENT ISSUED BY THE 1ST RESPONDENT DATED 10.04.2023 FOR THE PERIOD 03.03.2020 TO 03.03.2021. Exhibit-P2 A TRUE COPY OF THE STATEMENT DATED 10.04.2023 ISSUED BY THE 1ST RESPONDENT FOR THE PERIOD 04.04.2021 TO 04.04.2022. Exhibit-P3 A TRUE COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT SHOWING PAYMENT OF RS. 50,000/-, RS. 1 LAKH, RS. 1 LAKH AND RS. 75,000/-. Exhibit-P4 A TRUE COPY OF THE RELEVANT PAGES OF THE BANK STATEMENT DATED NIL SHOWING THE PAYMENT EFFECTED DURING THE PERIOD NOVEMBER 2022 TO MARCH 2023.

Exhibit-P5 A TRUE COPY OF THE NOTICE DATED 03.03.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P6 A TRUE COPY OF THE NOTICE DATED 30.04.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit-P7 A TRUE COPY OF THE POSSESSION TAKE OVER ISSUED BY THE 2ND RESPONDENT DATED 15.02.2023.

Exhibit-P8 A TRUE COPY OF THE REPRESENTATION DATED 14.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.