Kerala High Court
Rajesh T.R vs Kerala Gramin Bank Ltd on 20 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 20TH DAY OF MARCH 2023 / 29TH PHALGUNA, 1944
WP(C) NO. 8714 OF 2023
PETITIONER:
RAJESH T.R
AGED 43 YEARS
S/O RAJAPPAN, THOTTIYIL HOUSE,
KALIYAR P.O., PALLI KAVALA, VANNAPPURAM VILLAGE,
IDUKKI DISTRICT, PIN - 685 607
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 KERALA GRAMIN BANK LTD
REPRESENTED BY ITS REGIONAL MANAGER,
REGIONAL OFFICE, COSTAL TOWERS,
PALARIVATTAM, ERNAKULAM DISTRICT, PIN - 682 017
2 AUTHORIZED OFFICER,
UNDER THE SARFAESI ACT, KERALA GRAMIN BANK LTD.,
REGIONAL OFFICE, COSTAL TOWERS,
PALARIVATTAM, ERNAKULAM DISTRICT, PIN - 682 017
3 THE BRANCH MANAGER
KERALA GRAMIN BANK LTD.,
THODUPUZHA BRANCH, THODUPUZHA,
IDUKKI, PIN - 685 581
BY ADV P.M.GOPINATHA MENON
SRI. M. GOPIKRISHNAN NAMBIAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2023, ALONG WITH WP(C).8804/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 8714 & 8804 OF 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 20TH DAY OF MARCH 2023 / 29TH PHALGUNA, 1944
WP(C) NO. 8804 OF 2023
PETITIONER:
RAJESH T.R
AGED 43 YEARS
S/O RAJAPPAN, THOTTIYIL HOUSE,
KALIYAR P.O., PALLI KAVALA,
VANNAPPURAM VILLAGE, IDUKKI DISTRICT, PIN - 685 607
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 KERALA GRAMIN BANK LTD.
REPRESENTED BY ITS REGIONAL MANAGER,
REGIONAL OFFICE, COSTAL TOWERS,
PALARIVATTAM, ERNAKULAM DISTRICT, PIN - 682 017
2 AUTHORIZED OFFICER
UNDER THE SARFAESI ACT, KERALA GRAMIN BANK LTD.,
REGIONAL OFFICE, COSTAL TOWERS, PALARIVATTAM,
ERNAKULAM DISTRICT, PIN - 682 017
3 THE BRANCH MANAGER
KERALA GRAMIN BANK LTD., VANNAPPURAM BRANCH,
VANNAPPURAM, IDUKKI, PIN - 685 607
BY ADV P.M.GOPINATHA MENON
SRI. M. GOPIKRISHNAN NAMBIAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2023, ALONG WITH WP(C).8714/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 8714 & 8804 OF 2023
3
T.R.RAVI, J.
----------------------------------------
WP (C) Nos. 8714 & 8804 of 2023
-------------------------------------------
Dated this the 20th day of March, 2023
JUDGMENT
The petitioner in these cases has availed of three loans.
One is a housing loan in which, there are no amounts
overdue. As far as the two other loans are concerned, an
amount of Rs.11,82,403/- is overdue in one loan account and
an amount of Rs.7,51,313/- is overdue in the other loan
account. The total outstanding in both the loans together
comes to Rs.22,53,413/-. There is not much time left for
completion of the tenure of the loan accounts.
2. In the above circumstances, the counsel for the
petitioner prays that the petitioner may be allowed to pay off
the entire outstanding in easy instalments.
3. These writ petitions are disposed of directing the
petitioner to pay the amounts due to the respondent Bank in
18 equal monthly instalments, along with future interest,
the first instalment becoming payable on or before
20.04.2023 and the subsequent instalments becoming
WP(C) NOS. 8714 & 8804 OF 2023
payable on or before the 20 th day of the succeeding months.
The petitioner shall continue to pay the regular instalments in
the housing loan account. Once the entire amounts are paid,
the respondents shall regularise the housing loan account. If
the petitioner makes two default in the payment of
instalments as directed above, the respondent Bank will be at
liberty to continue with the proceedings for recovery.
Coercive steps for recovery shall be kept in abeyance for
facilitating the payments by instalments as directed above.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NOS. 8714 & 8804 OF 2023
APPENDIX OF WP(C) 8714/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE OF THE 2ND
RESPONDENT DATED 21.02.2023
Exhibit P2 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER SUBMITTED TO THE 3RD RESPONDENT
DATED 28.02.2023
RESPONDENT'S EXHIBITS : NIL
WP(C) NOS. 8714 & 8804 OF 2023
APPENDIX OF WP(C) 8804/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE OF THE 2ND
RESPONDENT DATED 21.02.2023
Exhibit P2 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER SUBMITTED TO THE 3RD RESPONDENT
DATED 28.02.2023
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
