O.Krishnakumar vs The Ottappalam Co-Operative ...
2023 Latest Caselaw 3489 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. 7306 OF 2023
PETITIONER:

              O.KRISHNAKUMAR,
              AGED 33 YEARS
              S/O. GOPALAKRISHNAN, URAVANCHALIL HOUSE, SRK NAGAR P.O,
              OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679103.

              BY ADVS.
              K.B.ARUNKUMAR
              POOJA K.S.


RESPONDENTS:

     1        THE OTTAPPALAM CO-OPERATIVE URBAN BANK LIMITED NO. F
              1647, REPRESENTED BY ITS BRANCH MANAGER, MAIN BRANCH,
              MAIN ROAD, OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679103.
     2        THE AUTHORISED OFFICER/ GENERAL MANAGER,
              THE OTTAPPALAM CO-OPERATIVE URBAN BANK LIMITED NO. F
              1647, MAIN BRANCH, MAIN ROAD, OTTAPPALAM, PALAKKAD
              DISTRICT, PIN - 679103.


              SC, SRI VINOD MADHAVAN


     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. 7306 OF 2023

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                        W.P.(C) No.7306 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.4,76,830/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.4,76,830/- 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 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 WP(C) NO. 7306 OF 2023

account. If the petitioner makes 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. 7306 OF 2023

APPENDIX OF WP(C) 7306/2023

PETITIONER'S EXHIBITS

Exhibit P-1 THE TRUE COPY OF THE NOTICE DATED 02.11.2022 ISSUED BY THE 2ND RESPONDENT TO THE CO-BORROWER.

Exhibit P-2 THE TRUE COPY OF THE NOTICE DATED 17.02.2023 ISSUED BY THE ADVOCATE COMMISSIONER TO THE CO-BORROWER.

Exhibit P-3 THE TRUE COPY OF THE REPRESENTATION DATED 25.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.