Binu.K.P vs Canara Bank
2023 Latest Caselaw 3416 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. 10465 OF 2023
PETITIONER:

            BINU.K.P
            AGED 52 YEARS
            S/O PRABHAKARAN
            KONDIARA HOUSE P.VEMBALLUR,ANCHANGADI,
            KODUNGALLUR,THRISSUR DT,, PIN - 680671

            BY ADV FRANKLIN ARACKAL



RESPONDENTS:

    1       CANARA BANK
            KODUNGALLUR BRANCH , 555,CHANDRIKA COMPLEX NH
            17,KODUNGALLUR ,THRISSUR DT PIN - 680664
            REPRESENTED BY ITS AUTHORIZED OFFICER,

    2       THE AUTHORIZED OFFICER
            CANARA BANK KODUNGALLUR BRANCH , 555,CHANDRIKA COMPLEX
            NH 17,KODUNGALLUR ,THRISSUR DT, PIN - 680664

    3       BRANCH MANAGER
            CANARA BANK, KODUNGALLUR BRANCH , 555,CHANDRIKA COMPLEX
            NH 17,KODUNGALLUR ,THRISSUR DT, PIN - 680664

            SRI M GOPIKRISHNAN NAMBIAR, SC




     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. 10465 OF 2023               2




                              T.R. RAVI, J.
               --------------------------------------------
                       W.P.(C).No.10465 of 2023
                --------------------------------------------
                 Dated this the 24th 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.13,50,607/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.13,50,607/- in 15 equal monthly instalments, the first instalment

falling due on or before 11.a.m on 30.03.2023 and the subsequent

instalments falling due on or before the 30th 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 account. If the petitioner makes

a single default 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

LEK

APPENDIX OF WP(C) 10465/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DOCUMENT NO.2332/12 DATED 23/6/2012 OF SRO MATHILAKAM EXECUTED IN FAVOUR OF THE PETITIONER

Exhibit P2 TRUE COPY OF THE SALE DEED DOCUMENT NO.2330/12 DATED 23/6/2012 OF SRO MATHILAKAM EXECUTED IN FAVOUR OF THE PETITIONER

Exhibit P3 TRUE COPY OF THE SALE DEED DOCUMENT NO.2331/12 DATED 23/6/2012 OF SRO MATHILAKAM EXECUTED IN FAVOUR OF THE PETITIONER

Exhibit P4 TRUE COPY OF THE NOTICE DATED 21/2/2023 ISSUED BY THE 2ND RESPONDENT