Shinjula vs The Kerala State Co-Operative ...
2023 Latest Caselaw 3848 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. 11463 OF 2023
PETITIONER:

              SHINJULA
              AGED 34 YEARS
              W/O SURESH, R/AT PALOT THAZHEKUNIYIL HOUSE,
              MODAKKALLUR.P.O., KUNNATHARA, KOZHIKKODE DISTRICT,
              PIN - 673315.

              BY ADVS.
              KODOTH SREEDHARAN
              K.P.MUHAMMAD ARIF


RESPONDENTS:

     1        THE KERALA STATE CO-OPERATIVE BANK
              REPRESENTED BY ITS MANAGER, KALLAI ROAD, CHALAPPURAM,
              KOZHIKKODE DISTRICT - 673002.
     2        THE AUTHORIZED OFFICER
              THE KERALA STATE CO-OPERATIVE BANK, KALLAI ROAD,
              CHALAPPURAM, KOZHIKKODE DISTRICT - 673002.

              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. 11463 OF 2023

                                      2

                                T.R. RAVI, J.
                --------------------------------------------
                      W.P.(C) No.11463 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.14,37,530/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.14,37,530/- in 18 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 WP(C) NO. 11463 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. 11463 OF 2023

APPENDIX OF WP(C) 11463/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 18/11/2020 ISSUED BY THE RESPONDENTS TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE NOTICE UNDER SECTION 13(8) OF THE ACT, 2002 DATED 24/3/2023 ISSUED BY THE RESPONDENTS.