Purushan vs Kerala State Co-Operative Bank ...
2023 Latest Caselaw 3865 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. 9918 OF 2023
PETITIONER:

     1        PURUSHAN
              AGED 64 YEARS
              S/O. NANU, BINU BHAVAM,
              CHINGOLI, PIN - 690532
              BY ADV E.V.MOLY

RESPONDENTS:

     1        KERALA STATE CO-OPERATIVE BANK LTD
              REGIONAL OFFICE, ALAPPUZHA, PIN - 688001
              REP.BY ITS AUTHOI-IZED OFFICER
     2        THE OFFICE OF THE DEPUTY TAHSILDAR
              KARTHIKAPALLY TALUK,
              ALAPPUZHA DISTRICT, PIN - 690532
     3        THE VILLAGE OFFICER
              THE VILLAGE OFFICER, CHINGOLI VILLAGE,
              KARTHIAPPALLY, ALAPPUZHA, PIN - 690532
              BY ADV THOMAS ABRAHAM

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.9918 of 2023
                                         2




                          T.R. RAVI, J.
               ------------------------------------
                  W.P.(C.) No.9918 of 2023
               ------------------------------------
             Dated this the 30th day of March, 2023

                              JUDGMENT

The petitioner has approached this Court seeking

permission to pay off the liabilities to the respondent

bank in easy instalments.

2. The Standing Counsel on instructions submits

that the overdue amount is Rs.2,15,589/-.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioner shall pay the overdue amount of

Rs.2,15,589/- in fifteen equal monthly

instalments, the first instalment becoming

payable on or before 30.04.2023 and the

subsequent instalments payable on or before

the 30th day of the succeeding months. If the

petitioner pays the entire instalments as WPC No.9918 of 2023

directed above, the respondent shall regularise

the loan account;

ii) The petitioner shall continue to pay the regular

instalments along with the instalments as

directed above;

iii) If the petitioner makes two defaults in the

payment of the instalments as directed

above, the respondent bank will be at liberty

to continue with the proceedings for

recovery;

iv) Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI JUDGE SKP/30-03 WPC No.9918 of 2023

APPENDIX OF WP(C) 9918/2023

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 08.08.2022 ISSUED BY THE PRIMARY HEALTH CENTRE CHINGOLI EXHIBIT P2 THE TNIE COPY OF THE POSSESSION NOTICE DATED 23.2.2023 ISSUED BY THE 1ST RESPONDENT BANK EXHIBIT P3 THL- TRUE COPY OF THE RR NOTICE `DATED 27.2.2023 AS RECEIVED BY THE PETITIONER EXHIBIT P4 THE TRUE COPY OF THE COMPILATION OF RECEIPT FOR PAYMENT AS AFORESAID RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE