Sindhu K.S vs The Chalakkudy Taluk Primary ...
2023 Latest Caselaw 7127 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. 11043 OF 2023
PETITIONER/S:

           SINDHU K.S
           AGED 48 YEARS, W/O.JAYAN,
           CHUNDEKKAT HOUSE, ANNALLUR POST,
           THRISSUR DISTRICT, PIN - 680731
           BY ADVS.
           K.SIMOD SIVAN
           C.P.PRIYAMOL


RESPONDENT/S:

    1      THE CHALAKKUDY TALUK PRIMARY
           CO-OPERATIVE AGRICULTURAL & RURAL
           DEVELOPMENT BANK LTD
           R-1452, CHALAKKUDY POST,
           THRISSUR DISTRICT, PIN - 680307
           REPRESENTED BY ITS MANAGER
    2      THE SPECIAL SALES OFFICER
           THE CHALAKKUDY TALUK PRIMARY
           CO-OPERATIVE AGRICULTURAL & RURAL
           DEVELOPMENT BANK LTD, R-1452,
           CHALAKKUDY POST, THRISSUR DISTRICT,
           PIN - 680307

           BY SRI.P.C SASIDHARAN, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.11043 of 2023

                                       2



                              JUDGMENT

The petitioner availed a loan 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, prompting the petitioner to approach this Court by

filing the above writ petition.

2. The learned counsel appearing for the petitioner

would submit that the demands are now being raised without

giving credit to a total amount of Rs.54,388/- (Rupees Fifty Four

Thousand Three Hundred and Eighty Eight only) paid by the

petitioner towards the loan liability. He submits that, if the

correct amount payable by the petitioner is informed to the

petitioner, the petitioner will be in a position to clear the liability

in some instalments.

3. The learned counsel appearing for the

respondent bank submits that the amounts paid by the petitioner

have been duly credited and an amount of Rs.25,036/-(Rupees

Twenty Five Thousand and Thirty Six only) out of the amount of WPC No.11043 of 2023

Rs.54,388/- (Rupees Fifty Four Thousand Three Hundred and

Eighty Eight only) stated to have been remitted by the petitioner

has been adjusted against the principal amount and the balance

has been adjusted against the interest. It is submitted that this is

also evident from Ext.P1. He submits that the present overdue

amount is Rs.2,26,418/-(Rupees Two lakh Twenty Six Thousand

Four Hundred and Eighteen only) and that the petitioner can be

permitted to clear that liability in some instalments.

In the result, the writ petition is disposed of with the

following directions:

i) The overdue amount of Rs.2,26,418/-(Rupees Two

lakh Twenty Six Thousand Four Hundred and Eighteen only)

together with any accrued interest and charges shall be repaid in

fifteen(15) 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. WPC No.11043 of 2023

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.11043 of 2023

APPENDIX OF WP(C) 11043/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PASSBOOK BEARING MEMBERSHIP NUMBER 52578 ISSUED BY THE CHALAKKUDAY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK NO.R.1452, CHALKKUDAY Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 08/03/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER DATED 31/01/2023 OF THE PENSION AND AUDIT SECTION OF KERALA STATE ROAD TRANSPORT CORPORATION