Kerala High Court
Kuttan A.U vs 1. The District Co-Operative ... on 1 February, 2023
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. 28327 OF 2022
PETITIONERS:
1 KUTTAN A.U
AGED 54 YEARS
S/O. UNNIKRISHNAN,
ADIYOLI HOUSE, KANNARA P.O, PAYYANAM,
THRISSUR DISTRICT, PIN - 680562
2 MINI
AGED 50 YEARS
W/O. KUTTAN A.U,
ADIYOLI HOUSE, KANNARA P.O, PAYYANAM,
THRISSUR DISTRICT, PIN - 680652
3 SARATH
AGED 25 YEARS
S/O. KUTTAN A.U,
ADIYOLI HOUSE, KANNARA P.O, PAYYANAM,
THRISSUR DISTRICT, PIN - 680652
BY ADVS.
DEEPAK MOHAN
V.S.ANU MON
RESPONDENTS:
1 THE DISTRICT CO-OPERATIVE BANK, PATTIKKAD BRANCH
THRISSUR DISTRICT-680 652,REPRESENTED BY ITS AUTHORIZED
OFFICER
* CORRECTED
THE NAME OF THE RESPONDENT BANK IS CORRECTED AS "KERALA
BANK, THRISSUR REGION" INSTEAD OF "DISTRICT CO-
OPERATIVE BANK, THRISSUR AS PER THE ORDER DATED
13.10.2022 IN I.A. 1/2022., PIN - 680652
WP(C) NO. 28327 OF 2022 2
2 THE AUTHORIZED OFFICER, DISTRICT CO-OPERATIVE BANK
PATTIKKAD BRANCH,THRISSUR DISTRICT, PIN - 680562
SRI. P. C. SASIDHARAN, SC.
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. 28327 OF 2022 3
T.R. RAVI, J.
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W.P.(C).No.28327 of 2022
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Dated this the 1st day of February, 2023
JUDGMENT
The prayer in the writ petition is to permit the petitioners to pay
off the overdue amounts in the loan account availed from the
respondents in easy instalments and to regularise the loan account.
The Standing Counsel on instructions submits that the overdue
amount is Rs.5,50,210/-
In the above circumstances, the writ petition is disposed of
directing the petitioners to pay off the overdue amount of
Rs.5,50,210/- in 10 equal monthly instalments, the first instalment
falling due on or before 01.03.2023 and the subsequent instalments
falling due on or before the 1st of the succeeding months. The
petitioners shall also pay the regular monthly instalments along with
the instalments towards the overdue amount as stated above. If the
petitioners pay the entire overdue amount, the respondents shall
regularise the loan account. If the petitioners make a single default in
the payment of instalments, the respondents will be at liberty to
continue with coercive steps for recovery. The coercive steps initiated
shall be kept in abeyance to facilitate the payment of instalments as
directed above. It is submitted by the Counsel for the respondents
that M.C has been closed and the last date fixed for the possession
by the Chief Judicial Magistrate, Thrissur is tomorrow. In such
circumstances, there will be a direction to the Chief Judicial
Magistrate, Thrissur to re-open the M.C.No.262/2022 in case the
petitioners commits a default in payment of instalments as directed in
the judgment and the Bank moves for taking possession.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 28327/2022
PETITIONER EXHIBITS
ExhibitP1 THE TRUE COPY OF THE POSSESSION NOTICE
DATED 24.08.2022 ISSUED BY THE ADVOCATE
COMMISSIONERTO THE PETITIONERS
