Rajesh J R vs Esaf Small Finance Bank Limited
2023 Latest Caselaw 3413 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. 2698 OF 2023
PETITIONERS:

     1       RAJESH J R,
             AGED 42 YEARS
             S/O JOHNSON, SURESH VILASOM, ARUVIKKUZHY, NEDUMANGADU,
             THIRUVANANTHAPURAM - 695541.
     2       CELIN G RAJ,
             AGED 35 YEARS
             W/O RAJESH J.R, SURESH VILASOM, ARUVIKKUZHY, NEDUMANGADU,
             THIRUVANANTHAPURAM - 695541.

             BY ADVS.
             G.P.SHINOD
             GOVIND PADMANAABHAN
             AJIT G ANJARLEKAR
             ATUL MATHEWS
             GAYATHRI S.B.


RESPONDENTS:

     1       ESAF SMALL FINANCE BANK LIMITED,
             REGISTERED OFFICE AT NO. VII/83/8, ESAF BHAVAN, MANNUTHY,
             THRISSUR- 680651.
             REPRESENTED BY AUTHORISED OFFICER.
     2       THE DIVISIONAL MANAGER,
             CLUSTER HEAD, ESAF SMALL FINANCE BANK LIMITED,
             THIRUVANANTHAPURAMN - 695014.

             BY ADV K.V.RASHMI


     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. 2698 OF 2023

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                        W.P.(C) No.2698 of 2023
                     --------------------------------------------
                Dated this the 24th day of March, 2023

                                JUDGMENT

The prayer in the writ petition is to permit the petitioners

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 for the respondents on

instructions submits that the overdue amount is Rs.9,36,083/-.

In the above circumstances, the writ petition is disposed of

directing the petitioners to pay off the overdue amount of

Rs.9,36,083/- in 15 equal monthly instalments, the first

instalment falling due on or before 25.04.2023 and the

subsequent instalments falling due on or before the 25 th of the

succeeding months. The petitioners shall also pay the regular

monthly instalments along with the instalments towards the

overdue amount as stated above. If the petitioners pay the entire

overdue amount, the respondents shall regularise the loan WP(C) NO. 2698 OF 2023

account. If the petitioners make 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. 2698 OF 2023

APPENDIX OF WP(C) 2698/2023

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF DEMAND NOTICE DATED 02-09-2021 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 A TRUE COPY OF POSSESSION NOTICE DATED 19-03-2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P3 A TRUE COPY OF THE PETITION DATED 5.11.2022 FILED BY THE RESPONDENT IN M.C. 1367/2022 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.