Suma Madhu vs The Manager
2023 Latest Caselaw 5450 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                    WP(C) NO. 14637 OF 2023
PETITIONER/S:

            SUMA MADHU
            AGED 39 YEARS
            MELACHUVILA VEDU, SREE NAGAR - 115, THEKKEVILA
            CHERRY, MUNDAKKAL VILLAGE, ERAVIPURAM P.O,
            KOLLAM, PIN - 691011
            BY ADV S.SREEKUMAR (KOLLAM)


RESPONDENT/S:

    1       THE MANAGER
            THE QUILON CO-OPERATIVE URBAN BANK LTD 960, YMCA
            ROAD, CHINNAKADA, KOLLAM, PIN - 691001
    2       THE AUTHORIZED OFFICER
            THE QUILON CO-OPERATIVE URBAN BANK LTD 960, HEAD
            OFFICE, YMCA ROAD, CHINNAKADA, KOLLAM, PIN -
            691001
            BY ADV D.P.RENU


OTHER PRESENT:

            SMT. D. P RENU -SC


     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   28.04.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 14637 of 2023



                     MURALI PURUSHOTHAMAN, J.
                             ======================================================

                              W.P.(C) No. 14637 of 2023
                         =============================================================

                     Dated this the 28th day of April, 2023

                                          JUDGMENT

The petitioner has availed a loan of Rs.28,00,000/- from the

respondent Bank. Since the petitioner has defaulted in repayment

of the same, Ext.P2 notice has been issued by the Advocate

Commissioner stating that the secured assets will be taken

possession of. Challenging Ext.P2 notice, the petitioner has filed

this writ petition.

2. When the matter came up for consideration today,

Adv.Renu D.P., the learned counsel for the respondent bank,

submits that the total amount outstanding as on today is

Rs.3,38,849/- and the bank is willing to regularise the loan

account if the petitioner pays the said amount in ten equal

monthly instalments along with regular EMIs. The learned

W.P.(C). No. 14637 of 2023

counsel for the petitioner submits that the petitioner is ready to

pay the aforesaid amount in ten instalments.

3. Accordingly, the writ petition is disposed of directing

the petitioner to pay Rs.3,38,849/- in ten equal monthly

instalments, commencing from 15.05.2023 along with the regular

EMIs. In case the petitioner makes any default in payment of

any of the instalments, the bank will be free to proceed against

the petitioner in terms of Ext.P2 notice.

Sd/-

MURALI PURUSHOTHAMAN JUDGE das

W.P.(C). No. 14637 of 2023

APPENDIX OF WP(C) 14637/2023

PETITIONER EXHIBITS Exhibit - P1 THE TRUE COPY OF THE RECEIPTS ISSUED BY THE FIRST RESPONDENT Exhibit - P2 A TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 13.04.2023 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C. NO: 250/2023 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM Exhibit - P3 A TRUE COPY OF THE REPRESENTATION DATED 20.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT