Nabeesa vs The Authorized Officer
2023 Latest Caselaw 3437 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. 6377 OF 2023
PETITIONERS:

     1       NABEESA
             AGED 55 YEARS
             W/O. ABBAS, RESIDING AT ERATHIL HOUSE, PANALAM, CHENGALA
             VILLAGE, CHEROOR POST, KASARAGOD DISTRICT - 671123.
     2       K.A.ANWAR
             AGED 32 YEARS
             S/O. ABBAS, RESIDING AT ERATHIL HOUSE, PANALAM, CHENGALA
             VILLAGE, CHEROOR POST, KASARAGOD DISTRICT - 671123.

             BY ADVS.
             T.MADHU
             C.R.SARADAMANI
             SHAHID AZEEZ
             RESHMA SANTHOSH
             RENJISH S. MENON


RESPONDENTS:

     1       THE AUTHORIZED OFFICER
             THE KASARAGOD CO-OPERATIVE TOWN BANK LTD. NO.970,
             HEAD OFFICE, POST BOX NO.10, PANDURANGA TEMPLE ROAD,
             KASARAGOD - 671121.
     2       THE KASARAGOD CO-OPERATIVE TOWN BANK LTD. NO.970,
             VIDYANAGAR BRANCH, VIDYANAGAR P.O.,
             KASARAGOD DISTRICT- - 671123, REPRESENTED BY ITS MANAGER.

             BY ADVS.
             PUSHPARAJAN KODOTH
             K.JAYESH MOHANKUMAR(K/2535/1999)
             VANDANA MENON(K/153/2007)
             VIMAL VIJAY(K/000214/2018)


     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. 6377 OF 2023

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                        W.P.(C) No.6377 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.5,06,013/-.

In the above circumstances, the writ petition is disposed of

directing the petitioners to pay off the overdue amount of

Rs.5,06,013/- 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. 6377 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. 6377 OF 2023

APPENDIX OF WP(C) 6377/2023

PETITIONERS' EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE POSSESSION NOTICE DATED 19/9/2022 ISSUED BY THE FIRST RESPONDENT.