Kerala High Court
Anil Kumar vs Branch Manager/Secretary on 20 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
WP(C) NO.14332 OF 2023
PETITIONERS:
1 ANIL KUMAR
AGED 62 YEARS, S/O. KAMALAN
ANNOOR VEEDU, THEKKUM BHAGAM,
NOW R/AT. MALAYATTUVEEDU,
MUNDAKKAL EAST, KOLLAM DISTRICT,
PIN - 691 010.
2 BEENA RANI
AGED 53 YEARS
W/O. ANIL KUMAR, ANNOOR VEEDU,
THEKKUM BHAGAM, NOW R/AT. MALAYATTUVEEDU,
MUNDAKKAL EAST, KOLLAM DISTRICT,
PIN - 691 010.
BY ADVS.
BINU GEORGE
HEMALATHA
AMANTA MATHEW
RESPONDENTS:
1 BRANCH MANAGER/SECRETARY
PARAVUR SERVICE CO-OPERATIVE BANK LTD., 1801.
PARAVUR BRANCH, PARAVUR P.O,
KOLLAM DISTRICT, PIN - 691 301.
2 SPECIAL SALE OFFICER
CO-OPERATIVE ASSISTANT REGISTRAR OFFICE,
CIVIL STATION P.O, KOLLAM,
PIN - 691 013.
SMT. VIDYA KURIAKOSE - GP
SRI. ARJUN RAGHAVAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) NO.14332 Of 2023
2
VIJU ABRAHAM, J.
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W.P.(C) No.14332 of 2023
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Dated this the 20th day of April, 2023
JUDGMENT
The petitioners have approached this Court seeking a
direction to the respondents to permit them to pay the
arrears of loan amount in 25 equal monthly installments.
2. When the matter was taken up for
consideration, the learned Standing Counsel appearing for
the 1st respondent, upon instructions, submitted that the
total outstanding amount as on date is Rs.28,59,520/- in
both the accounts together and they are ready and willing
to permit the petitioners to pay the said amount in
installments.
Therefore, the above writ petition is disposed of,
permitting the petitioners to pay the total outstanding
amount in installments as follows:-
W.P.(C) NO.14332 Of 2023
(i) The petitioners shall pay the total
outstanding amount of Rs.28,59,520/- (Rupees
Twenty eight lakhs Fifty nine thousand Five
hundred and Twenty only) in 15 equal monthly
installments commencing from 15.05.2023 along
with accrued interest and other charges.
(ii) In the event of any default in payment of
any of the installments, the respondent Bank will
be free to proceed with the recovery of the
amounts, in accordance with law.
(iii) In order to enable the petitioners to repay
the entire amounts, all coercive proceedings
against the petitioners shall be kept in abeyance.
Sd/-
VIJU ABRAHAM
JUDGE
SPR
W.P.(C) NO.14332 Of 2023
APPENDIX
PETITIONERS EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF AWARD DATED 30.11.2018 IN
ARC. NO. 3984/2018.
EXHIBIT P2 A TRUE COPY OF AWARD DATED 30.11.2018 IN
ARC. NO. 3985/2018.
EXHIBIT P3 A TRUE COPY OF NOTICE DATED 03.12.2021
ISSUED BY RESPONDENT BANK.
EXHIBIT P4 A TRUE COPY OF NOTICES DATED 03.12.2021
ISSUED BY RESPONDENT BANK.
EXHIBIT P5 A TRUE COPY EA DEMAND NOTICE DATED
30.03.2023 ISSUED BY 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
