Santhakumari Amma vs Pathanapuram Primary ...
2023 Latest Caselaw 8312 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                        WP(C) NO. 7285 OF 2023
PETITIONER:

          SANTHAKUMARI AMMA,
          AGED 78 YEARS,
          D/O.JANAKI AMMA, JAYA BHAVAN, PATHIRIKKAL MURI,
          PATHANAPURAM VILLAGE, PATHANAPURAM TALUK - 689 695.
          BY ADVS.
          K.SIJU
          ANJANA KANNATH


RESPONDENTS:

    1     PATHANAPURAM PRIMARY CO-OPERATIVE AGRICULTURAL AND
          RURAL DEVELOPMENT BANK LTD.Q-995,
          PATHANAPURAM P.O, PATHANAPURAM, KOLLAM,PIN - 689695
          REPRESENTED BY ITS SECRETARY.
    2     THE SPECIAL SALE OFFICER,
          PATHANAPURAM PRIMARY CO-OPERATIVE AGRICULTURAL AND
          RURAL DEVELOPMENT BANK LTD.Q-995, PATHANAPURAM P.O,
          PATHANAPURAM, KOLLAM,, PIN - 689 695.
          BY ADV R.KRISHNKUMAR [CHERTHALA]


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7285 OF 2023
                                     2

                              JUDGMENT

The petitioner availed two separate loans from the

respondent Bank. One among the loans is an agricultural loan,

while the other is a housing loan.

2. The learned counsel appearing for the petitioner would

submit that the only relief sought for by the petitioner is to permit

the petitioner to regularize the loan accounts by paying off the

overdue amounts in some instalments.

3. The learned counsel appearing for the respondent Bank

submits that as on 13.07.2023, the total overdue amount in respect

of both the loans put together is Rs.3,62,476/- and that the Bank

has no objection in some instalments being granted to the

petitioner to clear the liability.

4. Having regard to the circumstances of the case and the

situation now prevailing, apart from the submissions made as

recorded above, I am of the view that the petitioner can be granted

an opportunity to repay the overdue amount in 15 instalments and

thereafter, if the amount so directed is repaid within the time as

directed above, to have the loan accounts regularised. WP(C) NO. 7285 OF 2023

5. Accordingly, there will be a direction to the respondent

bank to accept repayment of the entire overdue amount of

Rs.3,62,476/-(Rupees three lakhs sixty two thousand four hundred

and seventy six only) along with any accrued interest, costs and

charges from the petitioner and regularise the loan accounts of the

petitioner on the following conditions:

i. The overdue amount of Rs.3,62,476/-(Rupees three lakhs sixty two thousand four hundred and seventy six only) along with any accrued interest, costs and charges shall be repaid in 15 equated monthly instalments.

ii. The first instalment shall be paid on or before 25.08.2023 and the subsequent instalments shall be paid on or before the 25th day of every succeeding month.

iii. Petitioner shall continue to pay the regular EMI's along with the instalments directed above.

iv. In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with law.

v. In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 7285 OF 2023

APPENDIX OF WP(C) 7285/2023

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE AUCTION NOTICE DATED 16.1.2023 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT