Mini .T vs The Quilon Co-Operative Urban ...
2023 Latest Caselaw 4892 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. 7726 OF 2023
PETITIONERS:

     1       MINI T.
             AGED 47 YEARS
             W/O ANILKUMAR .P, SARASA BHAVANAM,
             PUNUKKANNOOR, PERUMPUZHA P.O,
             KOTTAMKARA, KOLLAM, PIN - 691504
     2       ANILKUMAR P.
             AGED 52 YEARS
             S/O PURUSHOTHAMAN, SARASA BHAVANAM,
             PUNUKKANNOOR, PERUMPUZHA P.O,
             KOTTAMKARA, KOLLAM, PIN - 691504
             BY ADV JOMY K. JOSE

RESPONDENTS:

     1       THE QUILON CO-OPERATIVE URBAN BANK LTD. NO. 960
             PUNNAMUKKU, KUNDARA P.O, KOLLAM, PIN - 691501
             REPRESENTED BY ITS MANAGER,
     2       THE AUTHORISED OFFICER
             THE QUILON CO-OPERATIVE URBAN BANK LTD. NO. 960,
             PUNNAMUKKU, KUNDARA P.O, KOLLAM, PIN - 691501
             REPRESENTED BY ITS MANAGER,
             SRI. M. RAJEEV, GOVERNMENT PLEADER

     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.7726 of 2023
                                       2




                          T.R. RAVI, J.
               ------------------------------------
                  W.P.(C.) No.7726 of 2023
               ------------------------------------
              Dated this the 13th day of April, 2023

                            JUDGMENT

The petitioners have approached this Court

seeking permission to pay off the liabilities to the

respondent bank in easy instalments.

2. The Standing Counsel on instructions submits

that the overdue amount is Rs.4,31,431/-.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioners shall pay the overdue amount of

Rs.4,31,431/- in fifteen equal monthly

instalments, the first instalment becoming

payable on or before 13.05.2023 and the

subsequent instalments payable on or before

the 13th day of the succeeding months. If the

petitioners pay the entire instalments as WPC No.7726 of 2023

directed above, the respondents shall regularise

the loan account;

ii) The petitioners shall continue to pay the regular

instalments along with the instalments as

directed above;

iii) If the petitioners make two defaults in the

payment of the instalments as directed above,

the respondents will be at liberty to continue

with the proceedings for recovery;

iv) Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI JUDGE SKP/13-04 WPC No.7726 of 2023

APPENDIX OF WP(C) 7726/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE DATED 21-07-

2022 IN LOAN NUMBER SBL 5/19/KR EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER UNDER THE SARFAESI ACT DATED 28-02-2023 RESPONDENTS' EXHIBITS: NIL TRUE COPY

P.A. TO JUDGE