Kerala High Court
Jincy vs The Authorized Officer/Chief ... on 24 March, 2023
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. 10310 OF 2023
PETITIONER:
JINCY
AGED 46 YEARS
W/O JINTO T.O, THEKKEDATH HOUSE, KULAYETTIKKARA
P.O, ARAYANKAVU, KULAYETTIKKARA VILLAGE,
KANAYENNUR TALUK, ERNAKULAM DISTRICT, PIN-682317,
REPRESENTED BY POWER OF ATTORNEY HOLDER JINTO T.O,
S/O OUSEPH, AGED 47 YEARS, THEKKEDATH HOUSE,
KULAYETTIKKARA P.O, ARAYANKAVU, KULAYETTIKKARA
VILLAGE, KANAYENNUR TALUK, ERNAKULAM DISTRICT.,
PIN - 682317
BY ADV K.N.CHANDRABABU
RESPONDENTS:
1 THE AUTHORIZED OFFICER/CHIEF MANAGER
UNION BANK OF INDIA, REGIONAL OFFICE, KOTTAYAM ,
3RD FLOOR,AMALA TOWERS, ADICHIRAJUNCTION,
KOTTAYAM, KERALA ., PIN - 686016
2 THE UNION BANK OF INDIA
KADUTHURUTHY BRANCH, KADUTHURUTHY P.O, KOTTAYAM
DISTRICT, REPRESENTED BY THE BRANCH MANAGER., PIN
- 686604
OTHER PRESENT:
SRI. A. S. P. KURUP, 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. 10310 of 2023
2
T.R. RAVI, J.
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WP(C ) No. 10310 of 2023
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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.2,52,563/--.
In the above circumstances, the writ petition is
disposed of directing the petitioner to pay off the overdue
amount of Rs.2,52,563/- in 15 equal monthly instalments, the
first instalment falling due on or before 24.04.2023 and the
subsequent instalments falling due on or before the 24th 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
consecutive defaults in the payment of instalments, the
WP(C). No. 10310 of 2023
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. 10310 of 2023
APPENDIX OF WP(C) 10310/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTERED POWER OF
ATTORNEY NO. 79/LV/2022, OF SRO,
MULANTHURUTHY EXECUTED BY THE PETITIONER
ON 26.07.2022 APPOINTING JINTO T.O AS HER
LAWFUL POWER OF ATTORNEY
Exhibit P2 A TRUE COPY OF THE SALE DEED NO.1582 OF
2017 OF SRO, MULANTHURUTHY DATED
11.10.2017 PURCHASED BY THE PETITIONER
FROM M T JOSEPH
Exhibit P3 A TRUE COPY OF THE DETAILED ESTIMATE FOR
THE PROPOSED RESIDENTIAL BUILDING FOR THE
PETITIONER, PREPARED BY REMYA B,
SUPERVISOR- B
Exhibit P4 A TRUE COPY OF THE SALE NOTICE
CRLD:RO:KTM:SN:243/2022-23 DATED
03.03.2023 AFFIXED BY THE OFFICERS OF THE
FIRST RESPONDENT, REGARDING THE SALE OF
THE PROPERTY SCHEDULED TO BE AUCTIONED ON
28.03.2023 BETWEEN 11:00 AM TO 4:00 PM
ISSUED BY THE FIRST RESPONDENT.
