Kunhikkannan K M vs The Kerala State Co-Operative ...
2023 Latest Caselaw 3231 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. 10290 OF 2023
PETITIONER:

              KUNHIKKANNAN K M
              AGED 74 YEARS
              S/O. OCHEKKOTTY, KANGARATH MEETHAL(HOUSE), NADAKKUTHAZHA
              P O, VATAKARA, KOZHIKODE - 673104.

              BY ADVS.
              C.BHASKARAN
              NABIL KHADER
              ARJUN C BHASKAR


RESPONDENTS:

     1        THE KERALA STATE CO-OPERATIVE BANK LTD (KERALA BANK)
              KALLAI ROAD, CALICUT, PIN - 673002.
     2        THE AUTHORISED OFFICER
              KERALA STATE CO-OPERATIVE BANK LTD (KERALA BANK), KALLAI
              ROAD, CALICUT - 673002.

              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) NO. 10290 OF 2023

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                       W.P.(C) No.10290 of 2023
                     --------------------------------------------
                Dated this the 23rd day of March, 2023

                                JUDGMENT

The prayer in the writ petition is to permit the petitioner to

pay off the overdue amounts in the loan account availed from the

respondents in easy instalments and to regularise the loan

account. The Standing Counsel on instructions submits that the

overdue amount is Rs.1,45,557/- as on 21.03.2023.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.1,45,557/- in 15 equal monthly instalments, the first

instalment falling due on or before 23.04.2023 and the

subsequent instalments falling due on or before the 23 rd of the

succeeding months. The petitioner shall also pay the regular

monthly instalments along with the instalments towards the

overdue amount as stated above. If the petitioner pays the

entire overdue amount, the respondents shall regularise the loan WP(C) NO. 10290 OF 2023

account. If the petitioner makes two defaults in the payment of

instalments, the respondents will be at liberty to continue with

coercive steps for recovery. The coercive steps initiated shall be

kept in abeyance to facilitate the payment of instalments as

directed above.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 10290 OF 2023

APPENDIX OF WP(C) 10290/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PASSBOOK ISSUED BY THE 1ST RESPONDENT DATED ON 28/03/2018. Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 24.01.2023 ISSUED BY THE 2ND RESPONDENT.