Nissar K vs The Kerala State Co-Operative ...
2023 Latest Caselaw 4933 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. 13564 OF 2023
PETITIONERS:

    1     NISSAR K.,
          AGED 46 YEARS, S/O. ABOOBACKER KV,
          COOLIE, KV HOUSE, PAZHASSI AMSOM, NELLUNNI DESOM,
          NELLUNNI, P.O., MATTANNUR, THALASSERY TALUK -670702

    2     KUNOOL NABEESU,
          AGED 70 YEARS, W/O. ABOOBACKER KV,
          NO OCCUPATION, K.V. HOUSE, PAZHASSI AMSOM,
          NELLUNNI DESOM, NELLUNNI, P.O.,
          MATTANNUR, THALASSERY TALUK -670702

          BY ADVS.
          K.V.PAVITHRAN
          JITHIN S SUNDARAN
          ADARSH KURIAN
          JAYANANDAN MADAYI PUTHIYAVEETTIL



RESPONDENTS:

    1     THE KERALA STATE CO-OPERATIVE BANK LTD.,
          MATTANNUR EVENING, BRANCH REP. BY ITS MANAGER,
          MATTANNUR P.O., PIN-670702

    2     THE AUTHORISED OFFICER,
          UNDER SARFAESI ACT 2002,
          THE KERALA STATE CO-OPERATIVE BANK LTD,
          KANNUR REGIONAL OFFICE, KANNUR-670001

          BY ADV M.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. 13564 OF 2023
                                     2



                               T.R. RAVI, J.
                --------------------------------------------
                       W. P. (C). No.13564 of 2023
                 --------------------------------------------
                   Dated this the 13th 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 the overdue

amount comes to ₹14,78,698/-.

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 15.05.2023 and the

subsequent instalments falling due on or before 15 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. 13564 OF 2023

APPENDIX OF WP(C) 13564/2023

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 13.9.2021

Exhibit P1(a) A TRUE COPY OF THE NOTICE DATED 13.9.2021

Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 27/02/2023 ISSUED BY THE RESPONDENT NO.2