Citation : 2023 Latest Caselaw 1648 Ker
Judgement Date : 27 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
WP(C) NO. 893 OF 2023
PETITIONERS:
1 ASSANAR
AGED 50 YEARS
S/O ABDUL RAHIMAN, ANTHROTTIL HOUSE, CHELAKKARA P O,
THRISSUR DISTRICT, PIN - 680586
2 SHEREENA E A
AGED 41 YEARS
W/O ASSANAR, ANTHROTTIL HOUSE, CHELAKKARA P O, THRISSUR
DISTRICT, PIN - 680586
BY ADV JITHIN BABU A
RESPONDENTS:
1 KERALA GRAMIN BANK
REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE,
EAST FORT, PALLIKKULAM, THRISSUR, PIN - 680005
2 AUTHORIZED OFFICER
KERALA GRAMIN BANK, HEAD OFFICE, KGB TOWERS, AK ROAD,
UPHILL, MALAPPURAM, PIN - 676505
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 893 OF 2023 2
T.R. RAVI, J.
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W.P.(C).No.893 of 2023
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Dated this the 27th day of January, 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 1 st
respondent in easy instalments and to regularise the loan account.
The Standing Counsel on instructions submits that the overdue
amount is Rs.1,87,000/-.
In the above circumstances, the writ petition is disposed of
directing the petitioners to pay off the overdue amount of
Rs.1,87,000/- in 12 equal monthly instalments, the first instalment
falling due on or before 27.02.2023 and the subsequent instalments
falling due on or before the 27 th 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 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) 893/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER/APPLICANT UNDER SECTION 13 (4) OF THE ACT READ WITH RULE 8 OF THE RULES.
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