A. Usman Sahib vs Kerala State Co-Operative Bank
2023 Latest Caselaw 3822 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        WP(C) NO. 7199 OF 2023
PETITIONERS:

          A. USMAN SAHIB
          AGED 68 YEARS
          S/O. M. ALIYARU KUNJU,
          UMMASSERIL HOUSE, CHANDANATHOPE P.O.,
          MAMOOD, KOLLAM, PIN - 691 014

          BY ADVS.
          ANUPAMA SUBRAMANIAN
          K.R.SRIPATHI



RESPONDENT:

          KERALA STATE CO-OPERATIVE BANK
          REPRESENTED BY THE AUTHORISED OFFICER,
          EAST FORT, FORT.P.O,
          THIRUVANANTHAPURAM, PIN - 695 023



          SRI. P.C. SASIDHARAN, SC.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7199 OF 2023
                                         2




                               T.R.RAVI, J.
                        ----------------------------------------
                          WP(C) No.7199 of 2023
                      -------------------------------------------
                 Dated this the 30th day of March, 2023

                              JUDGMENT

The petitioner has approached this Court seeking

permission to wipe off the liabilities to the respondent Bank

in instalments. The counsel for the respondent Bank submits

that an amount of Rs.10,78,012/- is overdue.

In the above circumstances, the writ petition is disposed

of directing the petitioner to pay the amounts overdue to the

respondent Bank in 15 equal monthly instalments, along with

regular instalments, the first instalment becoming payable on

or before 30.04.2023 and the subsequent instalments

becoming payable on or before the 30 th day of the succeeding

months. After receiving the entire overdue amounts, the

respondent shall regularise the loan account. If the petitioner

makes two defaults in the payment of instalments as directed

above, the respondent Bank will be at liberty to continue with WP(C) NO. 7199 OF 2023

the proceedings for recovery. Coercive steps for recovery

shall be kept in abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 7199 OF 2023

APPENDIX OF WP(C) 7199/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 07.02.2023 ISSUED BY THE RESPONDENT

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE