Bijoy P.K vs The Branch Manager
2023 Latest Caselaw 5352 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                  WP(C) NO. 38398 OF 2022
 AGAINST THE ORDER/JUDGMENTCRMC 408/2022 OF CHIEF JUDICIAL
                    MAGISTRATE ,THRISSUR
PETITIONER:

         BIJOY P.K
         AGED 42 YEARS
         S/O. KUNJUNNY , PURATTUKARA HOUSE, AYYANTHOLE,
         KANATTUKARA P.O, THRISSUR DISTRICT, PIN - 680011
         BY ADV MAHESH V.MENON


RESPONDENTS:

    1     THE BRANCH MANAGER
          KERALA STATE CO-OPERATIVE BANK, ARIMBUR BRANCH,
          THRISSUR DISTRICT,, PIN - 680620
    2     AUTHORISED OFFICER
          KERALA STATE CO-OPERATIVE BANK, THRISSUR TUDA
          ROAD, KOVILAKATHUMPADAM, THIRUVAMBADY P.O, ,
          THRISSUR DISTRICT, PIN - 680011
          By G.P. ADV ARUN CHANDY
    THIS WRIT PETITION (CIVIL) HAVING COME
UP FOR ADMISSION ON 25.04.2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 38398 of 2022


                             MOHAMMED NIAS C.P., J.
                        ==============================================================

                              W.P.(C) No. 38398 of 2022
                         =============================================================

                     Dated this the 25th day of April, 2023

                                         JUDGMENT

The petitioner had availed a term loan of Rs.7 lakh from the

respondent bank in the year 2017. Due to the difficulties caused,

repayments were not made in time and the same led to

proceedings for recovery against the petitioner.

2. The limited prayer of the petitioner in this writ petition

is to grant instalment facility to pay the overdue amounts and to

regularise the loan account.

3. The learned Standing Counsel for the respondent

Bank, on instructions, submits that the outstanding overdue as on

today is Rs.5,34,000/-.

4. Taking into account the averments in the writ petition

and after hearing the learned counsel on either side, I deem it

appropriate to grant ten equal monthly instalment facility to the

W.P.(C). No. 38398 of 2022

petitioner to wipe off the overdue amounts due to the respondent

bank.

5. In the said circumstances, this writ petition is disposed

of permitting the petitioner to clear off the overdue amounts due

to the respondent bank in ten equal monthly instalments starting

from 20.05.2023. The petitioner will also be liable to pay the

applicable EMI with the accrued interest, if any, continuously

over and above the instalments to pay off the overdue amounts.

6. It is made clear that if there are two defaults

committed in paying the instalments at any time, the petitioner

will lose the benefit of this order and the respondent bank will be

at liberty to proceed against the petitioner on the basis of the

recovery proceedings already initiated.

The writ petition is disposed of.

Sd/-

MOHAMMED NIAS C.P.

JUDGE das

W.P.(C). No. 38398 of 2022

APPENDIX OF WP(C) 38398/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORDER DATED 20.09.2022 IN CRL MC 408/2022 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR APPOINTING AN ADVOCATE COMMISSIONER