Asokan D vs The Authorised Officer/Branch ...
2023 Latest Caselaw 3412 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                        WP(C) NO. 8277 OF 2022
PETITIONERS:

    1       ASOKAN D.,
            AGED 55 YEARS
            S/O DIVAKARAN, TC 19/822(12) AKHILAM, THAMPURAN ROAD,
            MARUTHANKUZHY, KANJIRAMPARA P.O.,TRIVANDRUM-695 030.

    2       GEETHA KUMARI.S,
            AGED 48 YEARS
            W/O DIVAKARAN, TC 19/822(12) AKHILAM, THAMPURAN ROAD,
            MARUTHANKUZHY, KANJIRAMPARA P.O., TRIVANDRUM-695 030

    3       AKHILA G.A,
            AGED 24 YEARS
            W/O .DIVAKARAN, TC 19/822(12) AKHILAM, THAMPURAN ROAD,
            MARUTHANKUZHY, KANJIRAMPARA P.O., TRIVANDRUM-695 030

            BY ADVS.
            M.R.SARIN
            V.S.ANILKUMAR
            LEKSHMI S.R
            AJI S.
            M.R.SASITH
            P.SANTHOSHKUMAR (KARUMKULAM)



RESPONDENT:

            THE AUTHORISED OFFICER/BRANCH MANAGER K
            ARAMANA CO-OPERATIVE URBAN BANK LTD NO 1761,
            KARAMANA P.O., TRIVANDRUM - 695 002.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8277 OF 2022
                                         2




                               T.R.RAVI, J.
                        ----------------------------------------
                          WP(C) No.8277 of 2022
                      -------------------------------------------
                 Dated this the 24th day of 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.4,63,908/- 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 10 equal monthly instalments, along with

regular instalments, the first instalment becoming payable on

or before 24.04.2023 and the subsequent instalments

becoming payable on or before the 24 th day 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 WP(C) NO. 8277 OF 2022

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) NO. 8277 OF 2022

APPENDIX OF WP(C) 8277/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER ON 21.4.2021

Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER TON 21.4.2021

Exhibit P3 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT TO THE 3rd PETITIONER ON 21.4.2021

Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY MAHESWARY M.S ADVOCATE COMMISSIONER IN MC NO 5/2022 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT THIRUVANANTHAPURAM

Exhibit P5 THE TRUE COPY OF THE SECOND NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED ON 04.03.2023