Citation : 2023 Latest Caselaw 5451 Ker
Judgement Date : 28 April, 2023
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. 14683 OF 2023
PETITIONER/S:
BALAKRISHNAN P.R
AGED 56 YEARS
S/O RAGHAVAN P K, PULLAMKUNNU THADATHIL,
KANJIRAMATTAM P.O, ERNAKULAM, PIN - 682315
BY ADV K.V.MANOJ KUMAR
RESPONDENT/S:
1 THE MANAGER
UCO BANK, THRIKKAKKARA BRANCH, ERNAKULAM
DISTRICT, PIN - 682021
2 THE AUTHORIZED OFFICER
UCO BANK, THRIKKAKKARA BRANCH, ERNAKULAM
DISTRICT, PIN - 682021
3 ATHIRA C A
ADVOCATE COMMISSIONER, SRIVASTHA, JUDGES AVENUE,
KALOOR, KOCHI, PIN - 682017
OTHER PRESENT:
SRI. G. G MANOJ -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. 14683 of 2023
MURALI PURUSHOTHAMAN, J.
======================================================
W.P.(C) No. 14683 of 2023
=============================================================
Dated this the 28th day of April, 2023
JUDGMENT
The petitioner has filed this writ petition challenging Ext.P4
notice.
2. When the matter came up for consideration today, the
learned counsel for the respondent bank submits that if the
petitioner is willing to pay the subsequent instalments as per
Ext.P2 judgment, the bank is willing to regularise the loan
account. The learned counsel for the petitioner submits that the
petitioner is willing to pay the subsequent instalments as directed
in Ext.P2.
3. Accordingly, the writ petition is disposed of directing
the petitioner to pay the subsequent instalments as per Ext.P2
judgment. In case the petitioner makes default in payment of the
W.P.(C). No. 14683 of 2023
instalments, the bank will be free to proceed against the petitioner
in terms of Ext.P4 notice.
Sd/-
MURALI PURUSHOTHAMAN JUDGE das
W.P.(C). No. 14683 of 2023
APPENDIX OF WP(C) 14683/2023
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 08.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP[C].NO.19152 OF 2022 DATED 19.07.2022 Exhibit P3 A TRUE COPY OF THE LEDGER EXTRACT SHOWING THE PAYMENT OF RS.3,00,000/- BY THE PETITIONER.
Exhibit P4 A TRUE COPY OF THE NOTICE DATED 12.04.2023 ISSUED BY THE 3 RD RESPONDENT/ADVOCATE COMMISSIONER
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