Shaju M.C vs The Branch Manager
2023 Latest Caselaw 2732 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
         WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                             WP(C) NO. 6992 OF 2023
PETITIONER:

     1        SHAJU M.C
              AGED 52 YEARS
              S/O CHAKKUNNI , MANJALLY HOUSE ,PALLIKUNNU DESOM,
              VARANTHARAPPILLY VILLAGE CHALAKUDY TALUK,
              THRISSUR DT ., PIN - 680303
              BY ADVS.
              M.R.REENA
              P.S.SUJETH

RESPONDENTS:

     1        THE BRANCH MANAGER
              THE KERALA STATE CO-OP BANK VARANTHARAPPILLY BRANCH ,
              THRISSU DT., PIN - 680303
     2        THE AUTHORIZED OFFICER
              THE KERALA STATE CO-OP BANKLTD. HEAD OFFICE ,SAHAKARANA
              SAPTHADHI MANDIRAM TUDA ROAD, KOVILAKATHUPADAM THIRUVAMBADY
              P.O, THRISSUR, PIN - 680022
              BY ADV P.C.SASIDHARAN

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.6992 of 2023
                                       2




                          T.R. RAVI, J.
               ------------------------------------
                  W.P.(C.) No.6992 of 2023
               ------------------------------------
             Dated this the 01st day of March, 2023

                            JUDGMENT

The petitioner has approached this Court seeking

permission to wipe off the liabilities to the respondent

Bank in instalments. The petitioner prays that he may

be permitted to pay off the amounts in easy

instalments.

2. The Standing Counsel on instructions submits

that the overdue amount is Rs.3,43,555/-.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioner shall pay the overdue amount of

Rs.3,43,555/- in twelve equal monthly

instalments, the first instalment becoming

payable on or before 01.04.2023 and the

subsequent instalments payable on or before WPC No.6992 of 2023

the 01st day of the succeeding months. If the

petitioner pays the entire instalments as

directed above, the respondent shall regularise

the loan account;

ii) The petitioner shall continue to pay the regular

instalments along with the instalments as

directed above;

iii) If the petitioner makes two defaults in the

payment of the instalments as directed above,

the respondent will be at liberty to continue with

the proceedings for recovery;

iv) Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI JUDGE SKP/01-03 WPC No.6992 of 2023

APPENDIX OF WP(C) 6992/2023

PETITIONER'S EXHIBITS:

EXHIBIT P 1 TRUE COPY OF THE POSSESSION NOTICE DATED 2/11/2022 EXHIBIT P 2 TRUE COPY OF THE REPRESENTATION DATED 10/1/2023 SENT BY THE PETITIONER RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE