Darsini vs The Manager
2023 Latest Caselaw 3229 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                          WP(C) NO. 10195 OF 2023
PETITIONERS

     1       DARSINI,
             AGED 57 YEARS
             W/O. SREERAMAN, VETTIYADAN HOUSE,MANAKULANGARA.P.O ,
             KODAKARA,THRISSUR., PIN - 680684
     2       SREERAMAN,
             AGED 63 YEARS,
             S/O KUTTAN,VETTIYADAN HOUSE,MANAKULANGARA
             DESAM,KODAKARA VILLAGE,CHALAKKUDY THALUK,THRISSUR, PIN
             - 680684
             BY ADVS.
             M.ANIL KUMAR
             PREETHI K.PURUSHOTHAMAN


RESPONDENTS

     1       THE MANAGER,
             KERALA STATE CO- OPERATIVE BANK, KODAKARA., PIN -
             680684
     2       THE AUTHORISED OFFICER,
             KERALA STATE CO- OPERATIVE BANK, KODAKARA, PIN - 680684
     3       DEPUTY REGISTRAR/SPECIAL ARBITRATOR
             KERALA STATE CO-OPERATIVEBANK, THRISSUR REGION, PIN -
             680684
             BY ADV P.C.SASIDHARAN



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.03.2023,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).10195/23
                                  2



                              T.R.RAVI, J.
                           ------------------
                        W.P.(C).10195 of 2023
                         -----------------------
                       Dated : 23rd March, 2023

                              JUDGMENT

The petitioner has approached this Court seeking permission to

wipe off the liabilities to the respondent Bank in instalments. The

counsel for the respondent Bank submits that an amount of

Rs.13,68,630/- is overdue as on 28.2.2023.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay the amounts overdue to the

respondent Bank in 15 equal monthly instalments, along with regular

instalments, the first instalment becoming payable on or before

23.4.2023 and the subsequent instalments becoming payable on or

before 23rd of the succeeding months. After receiving the entire

overdue amounts, the respondent shall regularise the loan account. If

the petitioner makes two defaults 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

Mrcs WP(C).10195/23

APPENDIX OF WP(C) 10195/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER DATED 23-09-21 PASSED BY THE 3RD RESPONDENT Exhibit P2 THE TRUE COPY OF THE PETITION DATED 9-5-22 FILED BY THE PETITIONERS TO SET ASIDE THE EXPARTE ORDER PASSED BY THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE PASSBOOK OF THE PETITIONERS Exhibit P4 THE TRUE COPY OF THE LETTER DATED 3-6-20 SENT BY THE 1ST RESPONDENT TO THE PETITIONERS WAIVING THE TAKING OVER CHARGE Exhibit P5 THE TRUE COPY OF THE LETTER DATED 3-3-23 ISSUED BY THE ADVOCATE COMMISSIONER