Shaniba vs Kerala State Co-Operative Bank ...
2023 Latest Caselaw 3276 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. 6165 OF 2023
PETITIONER

            SHANIBA
            AGED 38 YEARS, W/O MUSTHAFA, RESIDING AT
            PARAPPOYIL HOUSE, CHELAKKADE P.O, PURAMERI,
            KOZHIKODE DISTRICT -, PIN - 673506
            BY ADVS.
            MITHUN P.
            KUMARADHAS J.P.


RESPONDENTS

    1       KERALA STATE CO-OPERATIVE BANK LTD
            REPRESENTED BY MANAGER, NADAPURAM BRANCH, KALLAI
            ROAD,CALICUT-., PIN - 673662
    2       THE AUTHORIZED OFFICER,
            KERALA STATE CO-OPERATIVE BANK LTD, REPRESENTED BY
            MANAGER, NADAPURAM BRANCH, KALLAI ROAD,CALICUT-.,
            PIN - 673662


            BY SRI.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).6165/2023
                                  2

                              T.R.RAVI, J.
                            ------------------
                         W.P.(C).6165 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.8,02,752/- is overdue.

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).6165/2023

APPENDIX OF WP(C) 6165/2023

PETITIONER EXHIBIT Exhibit P1 THE TRUE COPY OF THE NOTICE FOR SALE ISSUED BY THE RESPONDENT BANK UNDER SECTION 13 OF THE SARFAESI ACT RULE 8(5)(A) OF THE SARFAESI RULES DATED 17.01.2023