Pranila.M vs The Branch Manager
2023 Latest Caselaw 947 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                      WP(C) NO. 686 OF 2023
PETITIONERS:

    1     PRANILA.M
          AGED 33 YEARS
          W/O. SHIBU V, KUNNUMMAL HOUSE,
          KOLIKKADAVU, PAYAM KANNUR DISTRICT,
          PIN - 670704

    2     SHIBU.V
          AGED 44 YEARS
          S/O. KUNHIKRISHNAN, KUNNUMMAL HOUSE,
          KOLIKKADAVU, PAYAM KANNUR DISTRICT,
          PIN - 670704

          BY ADVS.
          M.B.SHYNI
          V.R.ANILKUMAR
          RAJESH KUMAR R.
          RAMEES P.K.
          ERFANA PARAMBADAN
          SARAFUDHEEN T.



RESPONDENTS:

    1     THE BRANCH MANAGER
          THE KERALA STATE CO-OPERATIVE BANK LTD.,
          (KERALA BANK), KANNUR BRANCH,
          NEAR MUNICIPAL HIGH SCHOOL,
          TALAP, KANNUR, PIN - 670002

    2     THE AUTHORIZED OFFICER
          THE DEPUTY TAHSILDAR,
          THE KERALA STATE CO-OPERATIVE BANK,
          IRITTY TALUK, KANNUR DISTRICT,
          PIN - 670703

    3     THE KERALA STATE CO-OPERATIVE BANK LTD(KERALA BANK)
          REGIONAL OFFICE, KALLAI ROAD, CHALLAPURAM P.O.,
          KOZHIKODE DISTRICT, PIN- 673 002,
 WP(C) NO. 686 OF 2023                  2

             REPRESENTED BY ITS MANAGING DIRECTOR,
             CO-BANK TOWERS, PMG JUNCTION, VIKAS BHAVAN P.O.,
             THIRUVANANTHAPURAM, PIN - 695033

             SRI.M.SASINDRAN,SC




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,   THE   COURT    ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 686 OF 2023                  3




                             T.R. RAVI, J.
              --------------------------------------------
                        W.P.(C).No.686 of 2023
               --------------------------------------------
               Dated this the 17th 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 loan is valid till 2031. The Standing Counsel on instructions

submits that the overdue amount is Rs.3,04,166/-.

In the above circumstances, the writ petition is disposed of

directing the petitioners to pay off the overdue amount of

Rs.3,04,166/- in 20 equal monthly instalments, the first instalment

falling due on or before 17.02.2023 and the subsequent instalments

falling due on or before the 17 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) 686/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 17/11/2022 ISSUED BY OF THE 4TH RESPONDENT TO THE PETITIONERS

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11/12/2022