Lucy Sebastian vs Authorized Officer
2023 Latest Caselaw 3460 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. 10368 OF 2023
PETITIONER:

             LUCY SEBASTIAN
             AGED 66 YEARS
             W/O.SEBASTIAN (LATE), IRUMBANATH HOUSE, HOUSE NO-
             22/2417, VALUMMAL ROAD, THOPPUMPADY, ERNAKULAM,
             PIN - 682005
             BY ADVS.
             S.SUNIL KUMAR (PALAKKAD)
             LEKSHMI S.SEKHER
             P.V.SARITHA VENUGOPAL
             B.JITHU
             FEMY M.ANTONY
             N.P.RUKSANA
             ROHINI P.K.


RESPONDENTS:

      1      AUTHORIZED OFFICER
             KERALA STATE CO-OPERATIVE BANK LTD, MAIN BRANCH,
             AEC PLAZA, CHITTOOR ROAD, VALANJAMBALAM,
             ERNAKUALM, PIN - 682016
      2      BRANCH MANAGER
             KERALA STATE CO-OPERATIVE BANK LTD, MATTANCHERRY
             BRANCH, CHULLICKAL, THOPPUMPADY, ERNAKULAM,
             PIN - 682005
             BY ADV N.RAGHURAJ


       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. 10368 of 2023
                                 2

                         T.R. RAVI, J.
           --------------------------------------------
                  WP(C ) No. 10368 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.5,21,420/-.

In the above circumstances, the writ petition is

disposed of directing the petitioner to pay an amount of

Rs.1,00,000/- (Rupees one lakh only) on or before 31.03.2023

and balance in 14 equal monthly instalments, the 1st

instalment falling due on or before 30.04.2023 and the

subsequent instalments falling due on or before the 30 th day

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 two WP(C). No. 10368 of 2023

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 TR WP(C). No. 10368 of 2023

APPENDIX OF WP(C) 10368/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BANK PASS BOOK BEARING ACCOUNT NO-004241000006908 OF PETITIONER Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE WITH REFERENCE NO-004768/047 DATED 22.03.2023 ISSUED BY THE RESPONDENT NO-1 BANK Exhibit P2(a) TRUE COPY OF THE POSSESSION NOTICE WITH REFERENCE NO-004723/198 DATED 22.03.2023 ISSUED BY THE RESPONDENT NO-1 BANK