Latheef E.K vs Kerala Bank Ltd
2023 Latest Caselaw 3858 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. 5934 OF 2023
PETITIONER:

              LATHEEF E.K
              AGED 58 YEARS
              S/O KONTHALAM, ENCHAKKAD HOUSE, THODUPUZHA EAST P.O.,
              KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI - 685584.

              BY ADV LATHEESH SEBASTIAN


RESPONDENTS:

     1        KERALA BANK LTD.,
              REPRESENTED BY REGIONAL MANAGER, REGIONAL OFFICE,
              KOTTAYAM - 686001.
     2        THE AUTHORIZED OFFICER & AREA MANAGER
              UNDER THE SARFAESI ACT, KERALA BANK LTD.,
              CREDIT PROCESSING CENTRE, IDUKKI COLONY P.O.,
              IDUKKI - 685501.
     3        THE BRANCH MANAGER
              KERALA BANK LTD., THODUPUZHA MAIN BRANCH,
              THODUPUZHA ,IDUKKI DISTRICT - 685584.

              BY ADV GILBERT GEORGE CORREYA


     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. 5934 OF 2023

                                      2

                                T.R. RAVI, J.
                --------------------------------------------
                       W.P.(C) No.5934 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 amounts outstanding in the loan account availed from

the respondents in easy instalments. The Standing Counsel on

instructions submits that the amount outstanding is

Rs.23,11,101/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the amount of Rs.23,11,101/-

along with interest and cost in 12 equal monthly instalments, the

first instalment falling due on or before 30.04.2023 and the

subsequent instalments falling due on or before the 30th of the

succeeding months. 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 WP(C) NO. 5934 OF 2023

initiated shall be kept in abeyance to facilitate the payment of

instalments as directed above.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 5934 OF 2023

APPENDIX OF WP(C) 5934/2023

PETITIONER'S EXHIBITS

ExhibitP1 TRUE COPY OF THE RECEIPT SHOWING RECEIPT OF RS.2 LAKHS DATED 30.03.2022.

ExhibitP2 TRUE COPY OF THE TREATMENT CERTIFICATE OF THE PETITIONER DATED 14.10.2022. ExhibitP3 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT DATED 17.10.2022.

ExhibitP4 TRUE COPY OF THE POSSESSION NOTICE OF THE 2ND RESPONDENT DATED 16.02.2023. ExhibitP5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 17.02.2023.