Chandrasekharan vs Secretary / Recovery Officer
2023 Latest Caselaw 7088 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
       FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                         WP(C) NO. 4551 OF 2023
PETITIONER/S:

          CHANDRASEKHARAN
          AGED 69 YEARS
          S/O SIVARAMAN, DEEPAK SADANAM,
          KIZHAKKE MARANADU MURI,
          PAVITHRESWARAM VILLAGE,
          KOLLAM DISTRICT, PIN - 691505
          BY ADVS.
          K.V.ANIL KUMAR
          SWAPNA VIJAYAN
          RADHIKA S.ANIL


RESPONDENT/S:

          THE SECRETARY / RECOVERY OFFICER
          SECRETARY / RECOVERY OFFICER,
          KOTTARAKARA PRIMARY CO-OPERATIVE
          AGRICULTURE & RURAL DEVELOPMENT
          BANK LTD. NO. Q 1511,
          PULAMON P.O., KOTTARAKARA,
          PIN - 691531

          BY ADVS.
          T.R.HARIKUMAR
          ARJUN RAGHAVAN(K/1277/2012)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.4551 of 2023

                                        2



                               JUDGMENT

Petitioner availed two separate loans from the

respondent bank. On default being committed, proceedings

have been initiated against the petitioner under the provisions

of the Kerala State Co-operative Agricultural and Rural

Development Banks Act, 1984 and a demand notice was issued

to the petitioner.

2. The learned counsel appearing for the petitioner

would submit that the petitioner may be permitted to clear the

liability in some instalments.

3. The learned counsel appearing for the

respondent bank submits that there is no objection in

permitting the petitioner to clear the liability in instalments. It

is submitted that the term of loan No.NRH 1923/12-13 has

expired and the total amount of Rs.1,73,214/- (Rupees One lakh

Seventy Three Thousand Two Hundred and Fourteen only) as

on today will have to be remitted by the petitioner to clear the

liability. It is submitted that in respect of loan No.HSF

1996/2016-2017, the term of the loan is till the year 2026 and WPC No.4551 of 2023

the petitioner can be permitted to regularise the loan account

by paying a sum of Rs.3,17,777/- (Rupees Three lakh

Seventeen Thousand Seven Hundred and Seventy Seven only)as

on today.

4. Having regard to the above submission, the

petitioner is permitted to clear the outstanding amount in

respect of loan No.NRH 1923/12-13 of Rs.1,73,214/- (Rupees

One lakh Seventy Three Thousand Two Hundred and Fourteen

only) in ten equal monthly instalments commencing from

15.7.2023. There will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of

Rs.1,73,214/-(Rupees One lakh Seventy Three Thousand Two

Hundred and Fourteen only) along with bank charges from the

petitioner in the following manner:

i) The outstanding amount of Rs.1,73,214/-

(Rupees One lakh Seventy Three Thousand Two Hundred and

Fourteen only) in loan No.NRH 1923/12-13 together with any

accrued interest/costs shall be repaid in ten (10) equated

monthly instalments.

WPC No.4551 of 2023

ii) The first instalment shall be paid on or before

15.07.2023 and subsequent instalments shall be paid on or

before the 15th day of every succeeding months.

iii) In the event of default of any one instalment,

the respondent bank shall be entitled to proceed in

accordance with law.

(iv) In order to enable the petitioner to repay the

entire amounts, all coercive proceedings shall be kept in

abeyance.

5. The petitioner is permitted to clear the overdue

amount in respect of loan No.HSF 1996/2016-2017 of

Rs.3,17,777/- (Rupees Three lakh Seventeen Thousand Seven

Hundred and Seventy Seven only) in ten equal monthly

instalments commencing from 15.7.2023. The petitioner shall

also pay the regular EMI's in respect of loan No.HSF

1996/2016-2017. Accordingly, there will be a direction to the

respondent bank to accept the entire overdue amount of

Rs.3,17,777/- (Rupees Three lakh Seventeen Thousand Seven

Hundred and Seventy Seven only) along with bank charges

from the petitioner on the following directions: WPC No.4551 of 2023

i) The overdue amount of Rs.3,17,777/-

(Rupees Three lakh Seventeen Thousand Seven Hundred and

Seventy Seven only) loan No.HSF 1996/2016-2017 together

with any accrued interest and charges shall be repaid in ten (10)

equated monthly instalments.

ii) The first instalment shall be paid on or

before 15.07.2023 and the subsequent instalments shall be paid

on or before the 15th day of every succeeding month.

iii) The petitioner shall continue to pay the

regular EMI's along with the instalments as directed above.

iv) In the event of default of any one

instalment, the respondent bank shall be entitled to proceed in

accordance with law.

v) In order to enable the petitioner to repay

the entire amounts, all coercive proceedings shall be kept in

abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC No.4551 of 2023

APPENDIX OF WP(C) 4551/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PASSBOOK ISSUED BY THE RESPONDENT IN THE LOAN ACCOUNT Exhibit-P2 A TRUE COPY OF THE UNDATED NOTICE ISSUED BY THE RESPONDENT