K.M.Sunitha vs The Kerala State Co Operative Bank ...
2023 Latest Caselaw 3832 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. 11163 OF 2023
PETITIONER:

          K.M.SUNITHA
          AGED 55 YEARS
          W/O SHAMSUDHEEN
          PULIYARAM PALATHRA HOUSE KOORKANCHERY.P.O,
          THRISSUR DT, PIN - 680 007

          BY ADVS.
          FRANKLIN ARACKAL
          JIPSON ANTONY



RESPONDENTS:

    1     THE KERALA STATE CO OPERATIVE BANK LTD (KERALA BANK)
          SAHAKARANA SATHABDHI MANDIRAM ,
          KOVILAKATHUMPADAM.P.O,
          THIRUVAMBADY, THRISSUR DT,
          REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 680 022

    2     THE AUTHORIZED OFFICER
          THE KERALA STATE CO OPERATIVE BANK LTD (KERALA BANK)
          SAHAKARANA SATHABDHI MANDIRAM ,
          KOVILAKATHUMPADAM.P.O, THIRUVAMBADY,
          THRISSUR DT,, PIN - 680 022

    3     THE BRANCH MANAGER
          THE KERALA STATE CO OPERATIVE BANK LTD (KERALA BANK)
          H.O.BRANCH SAHAKARANA SATHABDHI MANDIRAM,
          KOVILAKATHUMPADAM.P.O, THIRUVAMBADY,
          THRISSUR DT PIN - 680 022

          BY ADV P.C.SASIDHARAN




     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. 11163 OF 2023
                                         2




                               T.R.RAVI, J.
                        ----------------------------------------
                         WP(C) No.11163 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.1,02,91,449/- 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 30.4.2023 and the subsequent instalments

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

months. After receiving the entire overdue amounts, the

respondents 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 WP(C) NO. 11163 OF 2023

continue with 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. 11163 OF 2023

APPENDIX OF WP(C) 11163/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.KL08042802128/2020 DATED 3/9/2020 PERTAINING TO THE YEAR 2020-2021 ISSUED FROM THE VILLAGE OFFICE ANDATHODE

Exhibit P2 TRUE COPY OF THE NOTICE DATED 15/2/2023 SERVED ON THE PETITIONER AND HER HUSBAND BY THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE NOTICE DATED 10/2/2023 ISSUED BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED 02/01/2017 FROM JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH INSTITUTE, THRISSUR

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 27/2/2023 SUBMITTED BY PETITIONER'S HUSBAND BEFORE THE HON'BLE MINISTER OF CO-OPERATION

Exhibit P6 TRUE COPY OF THE LETTER DATED 23/3/2023 ISSUED BY THE GENERAL MANAGER OF THE RESPONDENT

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE