Johnson George vs The Coastal Urban Co-Operative ...
2023 Latest Caselaw 2797 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. 122 OF 2023
PETITIONER:

     1        JOHNSON GEORGE,
              AGED 72 YEARS
              S/O GEORGE, SHIBI NIVAS, VADAKKUMBHAGAM,
              ERAVIPURAM P.O., KOLLAM DISTRICT -, PIN - 691011
              BY ADVS.
              BHARAT VIJAY P.
              SHAHNOY SHAJI

RESPONDENTS:

     1        THE COASTAL URBAN CO-OPERATIVE BANK LIMITED,
              HEAD OFFICE, NEAR CIVIL STATION, KOLLAM DISTRICT - 691 013,
              REPRESENTED BY ITS AUTHORISED SIGNATORY
     2        THE BRANCH MANAGER,
              THE COASTAL URBAN CO-OPERATIVE BANK LIMITED, ERAVIPURAM
              BRANCH, ERAVIPURAM, KOLLAM DISTRICT - 691, PIN - 691001
              BY ADV SREEJITH S

     THIS     WRIT    PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.122 of 2023
                                   2




                          T.R. RAVI, J.
               ------------------------------------
                   W.P.(C.) No.122 of 2023
               ------------------------------------
             Dated this the 01st day of March, 2023

                           JUDGMENT

The petitioner seeks permission to wipe off the

liabilities in easy instalments.

2. The Standing Counsel for the respondent on

instruction submits that a sum of Rs.44,81,650/- is

overdue and that no amounts have been paid by the

petitioner after 2017. It is submitted that loan period

is available till 2026 and that if the overdue amount is

paid, the loan can be regularised.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioner shall pay a sum of Rs.4,00,000/-

along with regular instalments on or before

29.03.2023 and the balance overdue amount

along with regular instalments shall be paid in WPC No.122 of 2023

fifteen equal monthly instalments, 1st instalment

becoming payable on or before 28.04.2023 and

the subsequent instalments payable on or before

the 28th day of every succeeding months;

ii) If the petitioner pays the entire instalments as

directed above, the respondent shall regularise

the loan account;

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.122 of 2023

APPENDIX OF WP(C) 122/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE RELEVANT EXTRACT OF THE PASSBOOK OF THE LOAN AND SHARE ACCOUNT OF LOAN NO. OL-4141 OF THE PETITIONER EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 24/04/2019 IN E.P. NO. 77/19 IN ARC NO. 1607/18 EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 02/12/2022 IN W.P.(C) NO. 35433/2019 OF THIS HON'BLE COURT EXHIBIT P4 THE TRUE COPY OF THE POSSESSION NOTICE WITH REFERENCE NO. 88/2022 DATED 28/11/2022 ISSUED BY THE FIRST RESPONDENT BANK TO THE PETITIONER RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE