Gopinathan M.G vs The Thiruvalla Urban ...
2023 Latest Caselaw 3833 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. 8707 OF 2023
PETITIONERS:

     1      GOPINATHAN M.G
            AGED 72 YEARS
            S/O. GOVINDAN ACHARI, MUKKATH HOUSE, PADINJAREKKARA MURI,
            NEDUMPURAM VILLAGE & P.O, THIRUVALLA TALUK, PATHANAMTHITTA
            DISTRICT, PIN - 689110

     2      KAMALAMMA K.K
            AGED 68 YEARS
            W/O. GOPINATHAN M.G, MUKKATH HOUSE, PADINJAREKKARA MURI,
            NEDUMPURAM VILLAGE & P.O, THIRUVALLA TALUK, PATHANAMTHITTA
            DISTRICT, PIN - 689110

     3      PRABATH M.G
            AGED 27 YEARS
            S/O. GOPINATHAN M.G, MUKKATH HOUSE, PADINJAREKKARA MURI,
            NEDUMPURAM VILLAGE & P.O, THIRUVALLA TALUK, PATHANAMTHITTA
            DISTRICT, PIN - 689110

            BY ADVS.
            JOSEPH GEORGE
            BIJO THOMAS GEORGE
            P.A.REJIMON
            SAJEEV JOHN T.


RESPONDENTS:

     1      THE THIRUVALLA URBAN CO-OPERATIVE BANK LTD NO:477
            REPRESENTED BY ITS GENERAL MANAGER, REGISTERED OFFICE OF
            THIRUVALLA URBAN CO-OPERATIVE BANK LTD NO:477,
            THIRUVALLA P.O, PIN - 689 101

     2      THE AUTHORIZED OFFICER
            THIRUVALLA URBAN CO-OPERATIVE BANK LTD NO:477,
            REGISTERED OFFICE OF THIRUVALLA URBAN CO-OPERATIVE BANK LTD
            NO:477, THIRUVALLA P.O, PIN - 689 101

            BY ADV T.P.PRADEEP


     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. 8707 OF 2023
                                         2




                               T.R.RAVI, J.
                        ----------------------------------------
                          WP(C) No.8707 of 2023
                      -------------------------------------------
                 Dated this the 30th day of March, 2023

                              JUDGMENT

The petitioners have 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.10,13,539/- is overdue.

In the above circumstances, the writ petition is disposed

of directing the petitioners 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

petitioners make two defaults in the payment of instalments

as directed above, the respondent Bank will be at liberty to WP(C) NO. 8707 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. 8707 OF 2023

APPENDIX OF WP(C) 8707/2023

PETITIONER'S EXHIBITS

Exhibit P-1 TRUE PHOTOCOPY OF NOTICE NO:18/SA/2022-23 DATED 31-05-2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P-2 (a) TRUE PHOTOCOPY OF RECEIPT DATED 27-01-2022 ISSUED BY THE 1ST RESPONDENT FOR RS.34,000/-

Exhibit P-2 (b) TRUE PHOTOCOPY OF RECEIPT DATED 17-06-2022 ISSUED BY THE 1ST RESPONDENT FOR RS.48,000/-

Exhibit P-2 (c) TRUE PHOTOCOPY OF RECEIPT DATED 30-08-2022 ISSUED BY THE 1ST RESPONDENT FOR RS.98,820/-

Exhibit P-2 (d) TRUE PHOTOCOPY OF RECEIPT DATED 30-08-2022 ISSUED BY THE 1ST RESPONDENT FOR RS.1,180/-

Exhibit P-2 (e) TRUE PHOTOCOPY OF RECEIPT DATED 16-01-2023 ISSUED BY THE 1ST RESPONDENT FOR RS.35,000/-

Exhibit P-3 TRUE PHOTOCOPY OF NOTICE DATED 21-02-2023 ISSUED BY ADVOCATE SAMEER MUHAMMAD, ADVOCATE COMMISSIONER

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE