Kerala High Court
Rajesh P. Appunny vs The Kerala State Cooperative Bank on 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. 2437 OF 2023
PETITIONERS:
1 RAJESH P. APPUNNY
AGED 45 YEARS
S/O P.K. APPUNNY, PANIKKAVEETTIL HOUSE,
PALLICKACHIRA P.O., KOTTAYAM DISTRICT - 686537.
2 SMITHA S
AGED 39 YEARS
W/O RAJESH P. APPUNNY, PANIKKAVEETTIL HOUSE,
PALLICKACHIRA P.O., KOTTAYAM DISTRICT - 686537.
BY ADVS.
K.SHAJ
BEENA N.KARTHA
C.IJLAL
ARUN CHAND
RESHMA.P.
JOSEPH MARY DAS
VINAYAK G MENON
BHARAT VIJAY P.
MAJID MUHAMMED K.
MINU VITTORRIA PAULSON
RESPONDENT:
THE KERALA STATE COOPERATIVE BANK ,
HAVING REGISTERED OFFICER AT P.B. NO. 6515, COBANK
TOWERS, PALAYAM, THIRUVANANTHAPURAM, HAVING BRANCH
OFFICE AT PAIPPAD, KOTTAYAM DISTRICT - 686537,
REPRESENTED BY ITS AUTHORIZED OFFICER.
BY ADV ATHUL SHAJI
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. 2437 OF 2023
2
T.R. RAVI, J.
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W.P.(C) No.2437 of 2023
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Dated this the 03rd day of February, 2023
JUDGMENT
The prayer in the writ petition is for permission to the
petitioners to pay off the amounts outstanding to the
respondent in easy instalments.
2. The Counsel for the respondent on instructions
submits that the 1st petitioner has availed a housing loan in
which a sum of Rs.17,04,941/- is overdue and the 2 nd
petitioner has taken an ordinary loan in which a sum of
Rs.12,86,982/- is overdue.
3. In the above circumstances, this writ petition is
disposed of with the following directions:
(a). The 1st petitioner shall pay the overdue amount of
Rs.17,04,941/- in the housing loan in twelve equal monthly
instalments, the 1st instalment falling due on before
03.03.2023 and the subsequent instalments falling due on or
before the 03rd day of the succeeding months and shall also
WP(C) NO. 2437 OF 2023
pay the regular monthly instalments along with the
instalments towards the overdue amount as stated above.
(b) The 2nd petitioner shall pay the overdue amount of
Rs.12,86,982/- in the ordinary loan in fifteen equal monthly
instalments, the 1st instalment falling due on before
03.03.2023 and the subsequent instalments falling due on or
before the 03rd day of the succeeding months and shall also
pay the regular monthly instalments along with the
instalments towards the overdue amount as stated above.
(c). If the petitioners pay the entire overdue amounts as
directed above, the respondent shall regularise both the loan
accounts. If the petitioners make two consecutive defaults in
the payment of the instalments as directed above, the
respondent is at liberty to continue with coercive steps for
recovery. The coercive steps initiated shall be kept in
abeyance to facilitate the petitioners to pay the amounts in
instalments as directed above.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 2437 OF 2023
APPENDIX OF WP(C) 2437/2023
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RELEVANT EXTRACT OF
THE STATEMENT FOR LOAN ACCOUNT NO.
6018720007 OF THE 1ST PETITIONER.
Exhibit P2 THE TRUE COPY OF THE RELEVANT EXTRACT OF
THE STATEMENT FOR LOAN ACCOUNT NO.
6042220401 OF THE 2ND PETITIONER.
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED
10/01/2023 ISSUED BY THE ADVOCATE
COMMISSIONER.
