Kunhikkannan K.C vs The Kerala State Co-Operative ...
2023 Latest Caselaw 1826 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. 3265 OF 2023
PETITIONER:

     1        KUNHIKKANNAN K.C
              AGED 66 YEARS
              S/O. KUNHIKKUTTY, KUNDAYAKKUCHALIL HOUSE,
              POYILOOR P.O, TRIPPANGOTTUR, KANNUR , PIN - 670693
              BY ADVS.
              RAFEEK. V.K.
              VICTOR ANTONY NOONE

RESPONDENTS:

     1        THE KERALA STATE CO-OPERATIVE BANK
              KANNUR REGIONAL OFFICE, KANNUR,
              REP. BY ITS AUTHORIZED OFFICER, PIN - 670001
     2        BRANCH MANAGER
              THE KERALA STATE CO-OPERATIVE BANK,
              PARADU BRANCH, KANNUR, PIN - 670562
              BY ADV M.SASINDRAN

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.3265 of 2023
                                   2




                           T.R. RAVI, J.
                ------------------------------------
                   W.P.(C.) No.3265 of 2023
                ------------------------------------
            Dated this the 01st day of February, 2023

                             JUDGMENT

The petitioner has approached this Court seeking

permission to wipe off the liabilities to the respondent

Bank in instalments. The petitioner prays that he may

be permitted to pay off the amounts in ten

instalments.

2. The counsel for the respondent Bank submits

that the amount overdue is Rs.2,24,450/- (Rupees

Two lakh twenty four thousand four hundred fifty

only).

In the above circumstances, the writ petition is

disposed of directing the petitioner to pay the

amounts due to the respondent Bank in ten equal

monthly instalments, along with regular instalments,

the first instalment becoming payable on or before WPC No.3265 of 2023

02.03.2023 and the subsequent instalments

becoming payable on or before the 02 nd day of the

succeeding months. If the petitioner pays the entire

instalments as directed above, the respondent shall

regularise the loan account. If the petitioner makes

two consecutive defaults in the payment of

instalments as directed above, the respondent Bank

will be at liberty to continue with the proceedings for

recovery. Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by instalments

as directed above.

Sd/-

T.R.RAVI JUDGE SKP/01-02 WPC No.3265 of 2023

APPENDIX OF WP(C) 3265/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 30.01.2022 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT BY THE RESPONDENT BANK TO THE PETITIONER RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE