Shameem.M vs The Ottapalam Co-Operative Urban ...
2023 Latest Caselaw 3845 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. 9290 OF 2023
PETITIONER:

          SHAMEEM.M,
          AGED 38 YEARS
          S/O. HAMSA, MANALPARAMBIL HOUSE, VARODE P.O, OTTAPALAM,
          PALAKKAD DISTRICT., PIN - 679102

          BY ADVS.
          K.ABOOBACKER SIDHEEQUE
          SOORAJ KRISHNAN K.V.



RESPONDENTS:

    1     THE OTTAPALAM CO-OPERATIVE URBAN BANK LTD. NO.F 1647
          OTTAPALAM P.O, PALAKKAD DISTRICT,PIN - 679101
          REPRESENTED BY ITS GENERAL MANAGER.

    2     THE BRANCH MANAGER
          THE OTTAPALAM CO-OPERATIVE URBAN BANK LTD. NO.P 1647,
          VANIAMKULAM BRANCH, VANIAMKULAM P.O, OTTAPALAM TALUK,
          PALAKKAD DISTRICT., PIN - 679522

    3     THE SPECIAL SALE OFFICER OF OTTAPALAM CO-OPERATIVE
          URBAN BANK GROUP
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (G), OTTAPALAM P.O, PALAKKAD DISTRICT., PIN -
          679101

          SRI. VINOD MADHAVAN, 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. 9290 OF 2023                    2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C).No.9290 of 2023
               --------------------------------------------
                Dated this the 30th 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.5,87,379/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.5,87,379/- in 15 equal monthly instalments, the first instalment

falling due on or before 30.04.2023 and the subsequent instalments

falling due on or before the 30 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 account. If the petitioner makes a single default 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

LEK

APPENDIX OF WP(C) 9290/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE POSSESSION NOTICE DATED 02.11.2022 ISSUED BY THE FIRST RESPONDENT BANK.