Citation : 2023 Latest Caselaw 2012 Ker
Judgement Date : 3 February, 2023
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. 6956 OF 2021
PETITIONER:
GEORGE THOMAS
AGED 55 YEARS
S/O MATHAI GEORGE, ETTEYARIL HOUSE, KIZHAYUR DESOM,
PATTAMBI VILLAGE, PATTAMBI SUB DISTRICT, PALAKKAD
DISTRICT.
BY ADVS.
M.R.REENA
P.S.SUJETH
RESPONDENTS:
1 THE BRANCH MANAGER
THE KERALA STATE CO-OPERATIVE BANK, PATTAMBI BRANCH,
PALAKKAD DISTRICT-678001
2 THE EXECUTIVE /AUTHORIZED OFFICER,
THE KERALA STATE CO-OP BANK LTD, REGIONAL OFFICE,
PALAKKAD -678001.
BY ADV SRI.M.SASINDRAN,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. 6956 OF 2021 2
T.R. RAVI, J.
--------------------------------------------
W.P.(C).No.6956 of 2021
--------------------------------------------
Dated this the 3rd day of February, 2023
JUDGMENT
The prayer in the writ petition is to permit the petitioner 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.12,59,637/-.
In the above circumstances, the writ petition is disposed of
directing the petitioner to pay off the overdue amount of
Rs.12,59,637/- along with expenses, in 12 equal monthly
instalments, the first instalment falling due on or before 03.03.2023
and the subsequent instalments falling due on or before the 3 rd 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 pays the entire overdue
amount and the expenses the respondents shall regularise the loan
account. If the petitioner makes two consecutive defaults 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.
Sd/-
T.R.RAVI JUDGE
LEK
APPENDIX OF WP(C) 6956/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE DATED 14.10.2020.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 22.02.2021 SENT BY THE PETITIONER.
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