Jiji Martin vs Authorized Officer
2023 Latest Caselaw 1842 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.1533 OF 2023
PETITIONER:

          JIJI MARTIN
          AGED 49 YEARS
          W/O.MARTIN, VETTAKKAL HOUSE,
          THAIKOODAM, VYTTILA,
          ERNAKUALM, PIN - 682 019

          BY ADVS.
          S.SUNIL KUMAR (PALAKKAD)
          LEKSHMI S.SEKHER
          FEMY M.ANTONY
          SANDHYA VENI
          B.JITHU


RESPONDENTS:

    1     AUTHORIZED OFFICER
          PEOPLES URBAN CO-OPERATIVE BANK LTD NO-51,
          HEAD OFFICE, MAIN ROAD,
          EAST FORT GATE, THRIPUNITHURA.P.O,
          ERNAKUALM, PIN - 682 301

    2     THE GENERAL MANAGER
          PEOPLES URBAN CO-OPERATIVE BANK LTD NO-51,
          HEAD OFFICE, MAIN ROAD,
          EAST FORT GATE, THRIPUNITHURA.P.O,
          ERNAKUALM, PIN - 682 301

          BY ADV DEVAPRASANTH.P.J.


     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.1533 OF 2023


                                       2




                              T.R.RAVI, J.
                      ----------------------------------------
                        WP (C) No.1533 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 counsel for the respondent Bank submits that

an amount of Rs.9,73,863/- is overdue.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay the amounts due to the

respondent Bank in 12 equal monthly instalments, along with

regular instalments, the first instalment becoming payable on or

before 01.03.2023 and the subsequent instalments becoming

payable on or before the 1st day of the succeeding months. After

receiving the entire overdue amounts, 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 WP(C) NO.1533 OF 2023

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 sn WP(C) NO.1533 OF 2023

APPENDIX OF WP(C) 1533/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 23.12.2022 ISSUED BY THE RESPONDENT NO-1

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE