Sukumaran.K.K vs Kerala Bank
2023 Latest Caselaw 3857 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. 11426 OF 2023
PETITIONER:

              SUKUMARAN.K.K
              AGED 56 YEARS
              S/O SHANKARAN, AMBADI, PANERICHAL, P.O. IRIVERI,
              KANNUR - 670613.

              BY ADV K.RAJESH SUKUMARAN


RESPONDENTS:

     1        KERALA BANK
              (KERALA STATE CO-OPERATIVE BANK ), KANNUR REGIONAL
              OFFICE, P.B. NO. 35, KANNUR- - 670001 REP. BY ITS
              REGIONAL MANAGER.
     2        AUTHORISED OFFICER UNDER SARFAESI ACT, THE KERALA STATE
              CO-OPERATIVE BANK, KANNUR REGIONAL OFFICE,
              KANNUR- 670001.

              BY ADV M.SASINDRAN


     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. 11426 OF 2023

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                       W.P.(C) No.11426 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.6,62,807/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.6,62,807/- 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. 11426 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. 11426 OF 2023

APPENDIX OF WP(C) 11426/2023

PETITIONER'S EXHIBITS

Exhibit P 1 COPY OF THE DEMAND NOTICE DATED 09.08.2022 ISSUED IN LOAN ACCOUNT NO. 1010807000290, BY THE 2ND RESPONDENT U/S 13 (2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002.

Exhibit P 2 COPY OF THE DEMAND NOTICE DATED 09.08.2022 ISSUED IN LOAN ACCOUNT NO. 1010807000332, BY THE 2ND RESPONDENT U/S 13 (2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002.

Exhibit P 3 COPY OF THE OP CASE SHEET DATED 12.10.2020 ISSUED FROM THE SAHAKARANA HRUDAYALAYA SUPER SPECIALITY CARDIAC CENTRE, PARIYARAM.