P. K. Leelamoni vs The Kottayam Co-Operative Urban ...
2023 Latest Caselaw 9093 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                         WP(C) NO. 8559 OF 2023
PETITIONER/S:

          P. K. LEELAMONI,AGED 53 YEARS
          P. K. LEELAMONI, AGED 53YRS, W/O LALUKUMAR,
           RESIDING AT NEDUMPURATHUMALIYIL HOUSE, OLASSA P.O,
          KOTTAYAM DISTRICT- 14
          BY ADVS.
          DIVYA C BALAN
          P.D.SUBRAMANIAN NAMPOOTHIRI
          K.N.SUGATHAN


RESPONDENT/S:

    1     THE KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO. 421,
          KOTTAYAM, PIN - 686001, REPRESENTED BY ITS BRANCH
          MANAGER.
    2     VILLAGE OFFICER, AYMANAM VILLAGE OFFICE,
          KOTTAYAM, PIN - 686015
          BY ADV Surin George Ipe




          SMT. PREETHA K K (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8559 OF 2023             2



                               JUDGMENT

Petitioner availed credit facilities from the 1 st respondent

bank. On default being committed, proceedings were initiated

against the petitioner under the provisions of the Revenue

Recovery Act, leading to the issuance of Exts.P1 and P2 notices.

This prompted the petitioner to approach this Court by filing the

above writ petition.

2. Learned counsel appearing for the petitioner would

submit that the petitioner is only seeking the liberty of repaying

the overdue amount in some instalments.

3. Learned counsel appearing for the respondent bank

would submit that the overdue amount, as on 23.08.2023, is

Rs.82,000/- (Rupees Eighty two thousand only) and that the 3 rd

respondent has no objection in granting some instalments to the

petitioner to clear the overdue amount.

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 eight

instalments.

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

bank to accept repayment of the overdue amount of Rs.82,000/-

(Rupees Eighty two thousand only) along with accrued interest

and bank charges from the petitioner in the following manner:

(i) The overdue amount of Rs.82,000/- (Rupees Eighty two thousand only) shall be repaid in eight equated monthly instalments along with any accrued interest/costs;

(ii) The first instalment shall be paid on or before 15.09.2023 and the subsequent instalments shall be paid on or before the 15th day of the succeeding months;

(iii) Petitioner shall continue to pay the regular EMI's/instalments 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 amounts as above, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 8559/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 04/03/2023 Exhibit P2 TRUE COPY OF THE NOTICE DATED NILL