Jaison vs Kerala State Co-Operative Bank
2023 Latest Caselaw 1804 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                       WP(C) NO. 3118 OF 2023
PETITIONER:

          JAISON
          AGED 33 YEARS
          S/O. JOSEPH, ANDHIKATTU HOUSE, MAANJUMMAL P O,
          SAMUHYA SEVASANGAM ROAD- 683501, ERNAKULAM.

          BY ADVS.
          S.MUMTAZ
          ALISHA ASLAM
          AJITH M. JIJI


RESPONDENT:

          KERALA STATE CO-OPERATIVE BANK
          REPRESENTED BY THE AUTHORIED OFFICER, REGIONAL OFFICE,
          SAHAKARANA SHADHABTHI MANDHIRAM, THRISSUR - 680022.

          BY ADV N.RAGHURAJ


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3118 OF 2023

                                       2

                               T.R. RAVI, J.
               --------------------------------------------
                       W.P.(C) No.3118 of 2023
                   --------------------------------------------
             Dated this the 01st day of February, 2023

                                 JUDGMENT

The prayer in the writ petition is for permission to the

petitioner to pay off the amounts outstanding to the

respondent in easy instalments.

2. The Standing Counsel for the respondent on

instructions submits that the overdue amount in the housing

loan is Rs.1,42,350/- and MSME loan is Rs.69,142/-. The total

overdue amount comes to Rs.2,11,492/-.

In the above circumstances, this writ petition is disposed

of permitting the petitioner to pay the amount Rs.2,11,492/-

in ten equal monthly instalments, the 1 st instalment falling due

on or before 02.03.2023 and the subsequent instalments

falling due on or before the 02nd day of the succeeding

months. The petitioner shall also pay the regular monthly

instalments along with the instalments towards the overdue

amount as stated above. If the petitioner makes two WP(C) NO. 3118 OF 2023

consecutive defaults in the payment of the instalments as

directed above, the respondent is at liberty to continue with

coercive steps for recovery. The coercive steps initiated shall

be kept in abeyance to facilitate the petitioner to pay the

amounts in instalments as directed above.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 3118 OF 2023

APPENDIX OF WP(C) 3118/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF POSSESSION NOTICE DATED 20/12/2022 FOR THE PROPERTY LOAN ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF POSSESSION NOTICE DATED 20/12/2022 FOR THE PROPERTY LOAN ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE SAID REQUEST LETTER DATED 05-01-2023.