Praveen Gopi vs The Chief Manager And Authorized ...
2023 Latest Caselaw 2004 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 3657 OF 2023
PETITIONERS:

    1       PRAVEEN GOPI
            AGED 44 YEARS, S/O. GOPALAKRISHNAN V.L,
            'VAIKKATTIL HOUSE', KUNDALIYOOR P.O,
            THRISSUR-680 101.

    2       KARUNA V.N
            AGED 68 YEARS, W/O.GOPALAKRISHNAN V.L.
            VAIKATTIL EATHAI, KUNDALIYOOR P.O,
            THRISSUR-680 101.

            BY ADVS.
            R.S.KALKURA
            M.S.KALESH
            HARISH GOPINATH
            R.BINDU



RESPONDENTS:

    1       THE CHIEF MANAGER AND AUTHORIZED OFFICER
            UNION BANK OF INDIA, REGIONAL OFFICE,
            THRISSUR-680 001.

    2       UNION BANK OF INDIA
            GURUVAYOOR BRANCH, R.V. TRADE CENTRE,
            EAST NADA, GURUVAYOOR,
            THRISSUR-680 101,
            REPRESENTED BY ITS MANAGER.

            SRI. A.S.P. KURUP, SC.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3657 OF 2023
                                  2



                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No. 3657 of 2023
              --------------------------------------------
              Dated this the 3rd day of February, 2023

                            JUDGMENT

The petitioners have approached this Court seeking permission

to pay off the amounts due to the respondents in easy instalments.

The counsel for the respondents on instructions submits that an

amount of ₹37,87,800/- is due to them. The petitioners request that

they may be allowed to pay off the amounts in instalments.

In the above circumstances, this writ petition is disposed of

permitting the petitioners to pay off the amounts due along with

accrued interest in 12 equal monthly instalments, the 1 st instalment

falling due on or before 03.03.2023 and the subsequent instalments

falling due on or before the 3rd day of the succeeding months. If the

petitioners make two consecutive defaults in payment of instalments,

the respondents are at liberty to proceed with the steps for recovery.

Steps for recovery shall be kept in abeyance to facilitate the

payment of instalment.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 3657 OF 2023

APPENDIX OF WP(C) 3657/2023

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 17.11.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS UNDER SECTION 13(2) OF THE SARFAESI ACT.

Exhibit P2 TRUE OF THE TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN AVAILED BY THE PETITIONERS MAINTAINED BY THE 2ND RESPONDENT BANK IN THE NAME OF THE PETITIONERS.

Exhibit P3 TRUE COPY OF THE REPLY DATED 12.1.2023 ISSUED BY THE PETITIONERS TO THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF EXT-P3 NOTICE TO RESPONDENTS 1 AND 2.

Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXT-P3 NOTICE BY THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPLY DATED 27.1.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS